Hawaii Pre-Employment Inquiries (Interviewing) laws & HR compliance analysis

Hawaii Pre-Employment Inquiries (Interviewing): What you need to know

The Hawaii Fair Employment Practice Law prohibits employment practices that discriminate on the basis of race, sex (including gender identity or expression; pregnancy, childbirth, or related medical conditions), sexual orientation, age, religion, color, ancestry, disability (including association or relationship with an individual with a disability), marital status, breastfeeding, National Guard obligations, genetic information, arrest and court records, domestic or sexual violence victim status, credit history or report, or record of garnishments, bankruptcy, assignment of income for child support purposes, or work injury (HI Rev. Stat. Sec. 378-1 et seq.). The Law specifically prohibits posing questions to applicants that directly or indirectly express any limitation, specification, or discrimination regarding any of these characteristics, unless there is a bona fide occupational qualification (BFOQ). The Law covers all employers regardless of size.
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Conviction records. Employers are prohibited from inquiring about an applicant's criminal conviction records until after the employer has extended a conditional offer of employment to the applicant. The offer may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position (HI Rev. Stat. Sec. 378-2.5 et seq.). "Conviction" means an adjudication by a court that the defendant committed a crime. Employers may consider only convictions within the most recent 10 years, excluding periods of incarceration.
The Hawaii AIDS Law provides that individuals may not be asked to disclose whether they have ever been tested for the human immunodeficiency virus (HIV) infection or ...

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