Hawaii Selection and Testing laws & HR compliance analysis

Hawaii Selection and Testing: What you need to know

The Hawaii Fair Employment Practice Law prohibits discrimination based on race, sex (including gender identity or expression; pregnancy, childbirth, or related medical conditions), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, genetic information, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status.
Criminal history. An employer may inquire about and consider an individual's criminal conviction record concerning hiring, termination, or the terms, conditions, or privileges of employment, provided that the conviction record bears a rational relationship to the duties and responsibilities of the position, and the record is not older than 10 years (not including time incarcerated) (HI Rev. Stat. Sec. 378-2.5).
Credit history. 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 BFOQ (HI Rev. Stat. Sec. 378-2). An employer is prohibited from inquiring about an applicant's credit history or credit report until after 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. Additional information is available.
In addition, employers are prohibited from using any employment application, making any preemployment inquiry, or printing or circulating any job notice or advertisement that indicates ...

Read more about Selection and Testing