Hawaii Background Checks laws & HR compliance analysis

Hawaii Background Checks: What you need to know

There are a number of ways for employers to gather information on the background of an applicant for employment. Employers may simply call an applicant's former employer to confirm the applicant's dates of employment and title and to try to obtain a more detailed reference from a supervisor. However, more and more frequently, employers are hiring third parties to conduct background checks on applicants who have been offered employment. In addition, depending on the nature of the position, employers are requesting reports about an applicant's driving record, criminal record, and/or credit history. There are often legal limits on employers obtaining and using this type of information. When employers hire a third party to conduct a background check or to obtain reports from outside agencies, such reports are subject to the federal Fair Credit Reporting Act (FCRA) and state laws.
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It is unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against an individual because of his or her credit history or credit report, unless the information directly relates to a bona fide occupational qualification (HI Rev. Stat. Sec. 378-2). An employer is prohibited from inquiring about an applicant's credit history or credit report until it has extended a conditional offer of employment. There are exceptions for managerial and supervisory employees, employers that are financial institutions, and federal or state laws that require employers to conduct credit checks.
After extending a conditional offer of employment, an employer may inquire as to whether a prospective employee has a criminal conviction record. The job offer may be withdrawn ...

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