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

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

Protected classes. 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 (Haw. Rev. Stat. § 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.
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 to consent to the release of any test results as a condition of employment (Haw. Rev. Stat. § 325-101).
Employers should periodically review their application forms to be sure they are in compliance with applicable state and federal laws and should provide proper training to managers, supervisors, and other individuals who make decisions about hiring, promoting, or training applicants and employees. Additional information on acceptable and unacceptable applicant questions is available at the Hawaii disabilities section
Criminal history. Employers are prohibited from ...

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