Hawaii Religious Discrimination laws & HR compliance analysis

Hawaii Religious Discrimination: What you need to know

The Hawaii Fair Employment Practice Law prohibits job discrimination based on religion. This provision applies to all public and private employers, except religious organizations (HI Rev. Stat. Sec. 378-1et seq.). Under the law, it is unlawful for an employer to:
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• Refuse to hire, discharge from employment, or otherwise discriminate against any individual in compensation, terms, or conditions of employment because of religion.
• Print or circulate any advertisement or application for employment that expresses any limitation, specification, or discrimination as to religion, unless religion is a bona fide occupational qualification (BFOQ).
• Make an inquiry of a prospective employee that expresses any limitation, specification, or discrimination as to religion, unless religion is a BFOQ.
• Refuse to enter into an apprenticeship agreement because of the religion of the apprentice.
• Retaliate against any individual because the individual has opposed a discriminatory practice, filed a complaint, testified, or assisted in any proceeding regarding discriminatory practices.
• Aid, compel, or coerce an individual to engage in a discriminatory practice.
Religious organizations. The Law does not apply to any religious or denominational organization, or to any charitable or educational institution that is operated by, or in connection with, a religious organization. These entities may give preference to individuals of the same religion or denomination and make employment decisions that are calculated to promote the religious principles of the organization (HI Rev. Stat. Sec. 378-3).
Bona fide occupational qualification (BFOQ). Under the Law, it is permissible to hire an individual on the basis of religion ...

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