Hawaii Application Forms laws & HR compliance analysis

Hawaii Application Forms: What you need to know

The Hawaii Fair Employment Practice Law prohibits employers from using an application form to make any inquiry that directly or indirectly expresses any limitation, specification, or discrimination about the race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability (including genetic information), marital status, arrest and court record, or domestic or sexual violence victim status of the applicant (HI Rev. Stat. Sec. 378-1 et seq.). Therefore, employers should refrain from asking about any of these characteristics on the application form unless there is a bona fide occupational qualification (BFOQ).
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Employers are also prohibited from discriminating against individuals who must assign their income in order to satisfy child support obligations (HI Rev. Stat. Sec. 378-2(5)) or against qualified individuals based on their association with a person who has a disability. The law covers all employers, regardless of size (HI Rev. Stat. Sec. 378-1).
Discrimination against employees who are engaged in National Guard service is also prohibited (HI Rev. Stat. Sec. 121-43).
The Commission Rules of Procedure issued by the Hawaii Civil Rights Commission expressly provide that a preemployment inquiry must not ask whether an applicant is male, female, or Mr., Mrs., Miss, Ms., single, married, divorced, widowed, separated; the name and ages of spouse and children or spouse's place of employment; or the applicant's age or date of birth, religious affiliation, attendance at religious services, or any question identifying an applicant's religious denomination or practice (HI Admin. Code. Sec. 12-46-103 et seq.). It is unlawful for an employer to discharge, expel, ...

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