reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 5 - MARITAL STATUS DISCRIMINATION › Section 12-46-125 - Terms, conditions, and privileges of employment

Current
				through June, 2024
(a)
				It shall be unlawful for an employer or other covered entity to discriminate on
				the basis of marital status with regard to wages, job duties, fringe benefits,
				or other terms, conditions, and privileges of employment.
(b) It is violation of chapter
				378, HRS, for an employer to:
(1) Give different fringe benefits to married
				employees as opposed to single employees; or
(2) Make available fringe benefits for wives
				of male employees which are not made available to single female employees;
				or
(3) Make available fringe
				benefits for the husbands of female employees which are not make available to
				single male employees; or
(4) To
				condition fringe benefits upon whether an employee is "head of household",
				"principal wage earner", "secondary wage earner", or other similar
				status.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-131 - General policy

Current through June,
				2024
Chapter
				  378, HRS, prohibits any employer or
				  other covered entity from discriminating in employment because of a person's
				  age, except where age is a bona fide occupational qualification (BFOQ).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-132 - Bona fide occupational qualification (BFOQ)

Current through
				June, 2024
(a) Whether
				occupational qualifications will be deemed to be "bona fide" to a specific job
				and "reasonably necessary to the normal operation of the particular business"
				shall be determined on the basis of all the pertinent facts surrounding each
				particular situation. This concept of a BFOQ shall have limited scope and
				application, and shall be narrowly construed.
(b) An employer or other covered entity
				asserting a BFOQ defense has the burden of proving that:
(1) The age limit is reasonably necessary to
				the essence of the business; and either
(2) All or substantially all individuals
				excluded from the job involved are in fact disqualified; or
(3) Some of the individuals so excluded
				possess a disqualifying trait that cannot be ascertained except by reference to
				age.
If the employer or other covered entity's objective in
				  asserting a BFOQ is the goal of public safety, the employer or covered entity
				  shall prove that the challenged practice does in fact effectuate that goal and
				  that there is no acceptable alternative which would better advance it or
				  equally advance it with less discriminatory impact.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-133 - Pre-employment practices

Current through June,
				2024
(a) Where an
				employer or other covered entity, as a part of its recruitment process,
				advertises job openings through the media, employment agencies, posting of
				notices, or through other means, it is discrimination on the basis of age for
				the employer to express or cause to be expressed a preference for individuals
				of a particular age or range of ages unless there is a BFOQ for the position.
				Phrases such as "young", "college student", "girl", "boy", "recent college
				graduate", "retired person", supplement your pension", or others of a similar
				nature are prohibited unless there is a BFOQ for the position.
(b) No newspaper or other publication
				published within the State shall accept, publish, print, or otherwise cause to
				be advertised any notice of an employment opportunity from an employer or other
				covered entity containing any indication of a preference, limitation, or
				specification based on age, unless the newspaper of publication has obtained
				the approval of the department indicating that the preference, limitation, or
				specification is a BFOQ.
(c) Any
				pre-employment inquiry in connection with prospective employment which
				expresses directly or indirectly any limitation, specification, or
				discrimination as to age shall be unlawful unless based on a BFOQ. An applicant
				shall not be:
(1) Asked his or her age or
				date of birth; or
(2) Required to
				produce proof of age in the form of a birth certificate or baptismal
				record.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-134 - Employee selection

Current through June,
				2024
(a) It is unlawful
				for an employer or other covered entity to discriminate in employment by giving
				preference because of age. Thus, if two people of different ages apply for the
				same position, the employer or other covered entity may not lawfully turn down
				either one on the basis of age but shall make the decision on the basis of some
				other factor.
(b) Nothing in this
				section shall be construed to preclude an employer from selecting from among
				all applicants an individual who is in fact better qualified for a position
				over one who is less qualified or from hiring an individual on the basis of
				experience and training superior to other applicants.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-135 - Physical or medical examination of applicants and employees

Current through June, 2024
It is discrimination on the basis of age for any employer or
				  other covered entity to require an applicant or employee who is within a
				  certain age group to undergo a physical or medical examination to determine
				  whether or not the applicant or employee meets the job-related physical or
				  medical standards when the examinations are not required of all applicants or
				  employees.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-136 - Bona fide employee benefit plan

Current through June,
				2024
An employer may observe the terms of any bona fide employee
				  benefit plan, such as a retirement, pension, or insurance plan, which is not a
				  subterfuge to evade the purposes of chapter
				  378, HRS, in regards to age
				  discrimination. However, no benefit plan shall be used as a reason for not
				  hiring or for terminating any individual on the basis of age.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-137 - Prohibition of mandatory retirement

Current through June,
				2024
(a) Before April
				30, 1984, nothing in chapter
				378, HRS, was deemed to affect the
				operation of the terms or conditions of any bona fide retirement, pension,
				employee benefit, or insurance plan. This authorized involuntary retirement
				regardless of age provided that the retirement is pursuant to the terms of a
				bona fide retirement or pension plan. The involuntary retirement provision had
				to be contained in a bona fide pension or retirement plan and be required by
				the terms of the plan and not be optional.
(b) Effective April 30, 1984, section
				378-3(4),
				HRS, prohibits mandatory retirement by modifying the exception for bona fide
				pension and retirement plans. To allow time for the adjustment of existing
				collective bargaining agreements and other retirement and pension systems,
				section
				378-3(4),
				HRS, provides a grace period of up to two years ending April 30, 1986, or until
				the termination of the plan or agreement, whichever occurs first.
(c) It is not the intent of Act 85, SLH 1984,
				to require other changes in a bargaining agreement or retirement and pension
				plan. An employer or other covered entity is not required to provide benefits
				which were not provided prior to the removal of mandatory retirement provisions
				from an employee retirement or pension plan.
(d) It shall not be unlawful for a plan to
				permit individuals to elect early retirement at a specified age at their own
				option. Nor is it unlawful for a plan to require early retirement for reasons
				other than age.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-138 - Bona fide seniority systems

Current through June,
				2024
(a) It shall not be
				unlawful for an employer or other covered entity to observe the terms of a bona
				fide seniority system which is not a subterfuge to evade the purposes of
				chapter
				378, HRS.
(b) A seniority system which gives those with
				longer service lesser rights and results in discharge or less favored treatment
				to those in certain age groups, depending upon the circumstances, may be a
				"subterfuge to evade the purposes" of chapter 378, HRS.
(c) Though a seniority system may be
				qualified by such factors as merit, capacity, or ability, any bona fide
				seniority system shall be based upon length of service as the primary criterion
				for the equitable allocation of available employment opportunities and
				prerogatives among younger and older workers.
(d) Unless the essential terms and conditions
				of an alleged seniority system have been communicated to the affected employees
				and can be shown to be applied uniformly to all of those affected, regardless
				of age, it will not be considered a bona fide seniority system within the
				meaning of chapter
				378, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 6 - AGE DISCRIMINATION › Section 12-46-139 - Reduction in force

Current through June, 2024
Any reduction in work force that causes a wholesale discharge
				  of older workers for no apparent rational reason other than age is a violation
				  of chapter
				  378, HRS. An employer may not justify
				  such a reduction on the basis that older employees are paid more than younger
				  employees.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-151 - General policies

Current through June,
				2024
Chapter
				  378, HRS, prohibits any employer or
				  other covered entity from discriminating in employment because of a person's
				  religion. This subchapter serves as a standard for determining whether
				  employment policies concerning an employee's religious belief conform with the
				  basic purposes of chapter
				  378, HRS. The commission shall review
				  each case on an individual basis in an effort to seek an equitable application
				  of this subchapter to the variety of situations which arise due to the varied
				  religious practices of the people of this State.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-152 - Pre-employment practices

Current through June,
				2024
(a) It is a
				violation of chapter
				378, HRS, for an employer or other
				covered entity to:
(1) Ask about an
				applicant's religious affiliation;
(2) Ask if an applicant attends religious
				services or a house of worship; or
(3) Ask an applicant any questions that might
				indicate or identify that person's religious denomination or
				practices.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-153 - Employee selection

Current through June,
				2024
(a) An employer
				shall not permit an applicant's religion or the need for religious
				accommodation to affect in any way its decision to hire the applicant, unless
				the employer can demonstrate that it cannot reasonably accommodate the
				applicant's religious practices without undue hardship.
(b) It shall be prima facie evidence that the
				need for religious accommodation influenced a decision to reject an applicant
				when:
(1) Prior to selection, the employer
				elicits information which would determine an applicant's need for a religious
				accommodation;
(2) This procedure
				is not justified by business necessity; and
(3) The employer rejects a qualified
				applicant after the employer has determined the applicant's need for
				accommodation.
The burden is then on the employer to demonstrate that
				  factors other than need for an accommodation were the reasons for rejecting the
				  qualified applicant, or that reasonable accommodation without undue hardship
				  was not possible.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-154 - Reasonable accommodation

Current through June,
				2024
(a) After an
				employee or prospective employee notifies the employer or other covered entity
				of his or her need for a religious accommodation, the employer or other covered
				entity shall reasonably accommodate the individual's religious practices. A
				refusal to accommodate is justified only when an employer or other covered
				entity can demonstrate that an undue hardship would result from each available
				alternative method of accommodation. A mere assumption that many more people,
				with the same religious practices as the person being accommodated, may also
				need accommodation is not evidence of undue hardship.
(b) When there is more than one method of
				accommodation available which would not cause undue hardship, the commission
				will determine whether the accommodation offered is reasonable by examining:
(1) The alternatives for accommodation
				considered by the employer or other covered entity; and
(2) The alternatives for accommodation, if
				any, actually offered to the individual requiring accommodation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-155 - Alternatives for accommodating religious practices

Current through
				June, 2024
Employees and prospective employees most frequently request
				  an accommodation because their religious practices conflict with their work
				  schedules or work assignments. The following alternatives are ways of
				  accommodating the conflict between work schedules and religious practices which
				  the commission believes the employers should consider as part of their
				  obligation to accommodate. These suggestions are not meant to be all-inclusive,
				  as there are other alternatives which may reasonably accommodate an
				  individual's religious practices. However, some alternatives for accommodating
				  an individual's religious practices could, to varying degrees, disadvantage the
				  individual in terms of wages, desirability of position, or career
				  opportunities. The obligation to provide equal employment opportunity to the
				  maximum extent possible, irrespective of religious beliefs, requires that the
				  employer or other covered entity offer the alternative which least
				  disadvantages the individual requesting the accommodation and does not cause
				  undue hardship on the employer.
Some examples of alternatives for accommodating religious
				  practices are:
(1) Voluntary
				substitutes:
(A) Reasonable accommodation
				without undue hardship is possible where a voluntary substitute with
				substantially similar qualifications is available.
(B) The obligation to accommodate requires
				that employers do everything possible to facilitate the securing of a voluntary
				substitute with substantially similar qualifications.
(C) Some means of doing this which would not
				involve substantial costs are to:
(i) Allow
				the individual seeking the accommodation to secure a substitute from
				co-employees;
(ii) Publicize
				policies regarding accommodation and voluntary substitution;
(iii) Promote an atmosphere in which such
				substitutions are favorably regarded; or
(iv) Provide a central file, bulletin board,
				or other means for matching voluntary substitutes with positions for which
				substitutes are needed.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-156 - Payment of dues to labor organizations

Current through June,
				2024
Some collective bargaining agreements include a provision
				  that each employee must join the labor organization or pay the labor
				  organization a sum equivalent to dues. When an employee's religious practices
				  do not permit compliance with such a provision, the labor organization shall
				  accommodate the employee by not requiring the employee to join the organization
				  and by permitting the employee to donate a sum equivalent to dues to a
				  nonreligious, nonlabor related charitable organization exempt from taxation
				  under section 501 of the Federal Internal Revenue Code.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 7 - RELIGIOUS DISCRIMINATION › Section 12-46-157 - Undue hardship

Current through June,
				2024
(a) The employer or
				other covered entity has the burden of proving that an undue hardship renders
				unreasonable the required accommodations to the religious needs of the
				individual.
(b) An employer may
				assert undue hardship to justify a refusal to accommodate an employee's need to
				be absent from his or her scheduled duty hours if the employer can demonstrate
				that the accommodation would require more than minimum cost. What constitutes
				minimum cost shall be determined with due regard given to the identifiable cost
				in relation to the size and operating cost of the employer, and the number of
				individuals who will in fact need a particular accommodation. For example,
				costs, such as regular payment of premium wages for substitutes, would
				constitute undue hardship; however, the infrequent payment of premium wages for
				a substitute or the payment of premium wages while a more permanent
				accommodation is being sought are costs of providing a reasonable
				accommodation. Generally, the payment of administrative costs necessary for
				providing the accommodation will not constitute more than a minimum of cost.
				Administrative costs, for example, include those costs involved in rearranging
				schedules and recording substitutions for payroll purposes.
(c) Undue hardship would also be shown where
				a variance from a bona fide seniority system is necessary in order to
				accommodate an employee's religious practices and when doing so would deny
				another employee a job or shift preference guaranteed by that system.
				Arrangements for voluntary substitutes and swaps do not constitute undue
				hardship to the extent the arrangements do not violate a bona fide seniority
				system. Nothing in chapter
				378, HRS, or this subchapter
				precludes an employer and a union from including arrangements for voluntary
				substitutes and swaps as part of a collective bargaining agreement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-171 - General policies

Current through June,
				2024
(a) Chapter
				378, HRS, prohibits any employer or
				covered entity from discriminating in employment because of ancestry, except
				where ancestry is a bona fide occupational qualification. The commission
				defines ancestry discrimination broadly and will examine with particular
				concern charges alleging that individuals have been denied equal employment
				opportunity for reasons related to ancestry, such as:
(1) Marriage to or association with persons
				of an ancestral group;
(2)
				Membership in or association with an organization identified with or seeking to
				promote the interest of an ancestral group;
(3) Attendance or participation in schools,
				churches, temples, or mosques, generally used by persons of an ancestral group;
				and
(4) Because an individual's
				name or spouse's name is associated with an ancestral group.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-172 - Bona fide occupational qualification (BFOQ)

Current through
				June, 2024
(a) The BFOQ
				exception as to ancestry shall be strictly and narrowly construed.
(b) The burden of proving that ancestry is a
				BFOQ rests upon the employer or other covered entity seeking the
				exception.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-173 - Citizenship requirements

Current through June,
				2024
It shall be an unlawful discriminatory practice where
				  citizenship requirements have the purpose or effect of discriminating against
				  an individual on the basis of ancestry.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-174 - Language

Current through June, 2024
(a) Any rule requiring employees to speak
				only English or other specific language at all times in the work place,
				including work breaks, shall be considered a violation of chapter
				378, HRS.
(b) An employer may have a rule requiring
				that employees speak only English at certain times where the employer can show
				that the rule is justified by business necessity.
(c) If an employer believes that it has a
				business necessity for a speak-English-only rule at certain times, the employer
				shall inform its employees of the general circumstances when speaking only in
				English is required and of the consequences of violating the rule. If an
				employer fails to effectively notify its employees of the rule and makes an
				adverse employment decision against an individual based on a violation of the
				rule, the commission shall consider the application of the rule as evidence of
				discrimination on the basis of ancestry.
(d) Discrimination on the basis of language,
				including speech peculiar to a certain ancestry, a foreign accent, vernacular
				language, and dialects within the same national group, shall be a violation of
				chapter
				378, HRS, unless language is a BFOQ
				for the particular position involved.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-175 - Harassment

Current through June, 2024
(a) Harassment on the basis of ancestry is a
				violation of chapter
				378, HRS.
(b) Ethnic slurs and other verbal or physical
				conduct relating to an individual's ancestry constitute harassment when this
				conduct:
(1) Has the purpose or effect of
				creating an intimidating, hostile, or offensive working environment;
(2) Has the purpose or effect of unreasonably
				interfering with an individual's work performance; or
(3) Otherwise adversely affects an
				individual's employment opportunity.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-176 - Employee selection

Current through June,
				2024
(a) Any test,
				requirement, or selection procedure which has an adverse impact or involves
				disparate treatment on the basis of ancestry is a violation of chapter
				378, HRS.
(b) Because height and weight requirements
				tend to exclude individuals on the basis of ancestry, they shall not be used
				unless excepted as a BFOQ.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 8 - ANCESTRY DISCRIMINATION › Section 12-46-177 - Pre-employment inquiries

Current through June,
				2024
(a) An employer or
				other covered entity shall recruit employees of all ancestries for all jobs. An
				employer or other covered entity placing advertisements indicating specific
				language requirement is in violation of chapter
				378, HRS, unless it is a BFOQ for the
				particular job involved.
(b) A
				pre-employment interview or an employment application form shall not include
				questions or requests for information that would tend to disclose a person's
				ancestry. Examples of such questions or requests for information are:
(1) "Of what country are you a
				citizen?";
(2) Whether applicant is
				naturalized or native-born U.S. citizen;
(3) Requirement that applicant produce
				naturalization papers;
(4)
				Birthplace of applicant;
(5)
				Requirement that applicant submit proof of birth document prior to
				hiring;
(6) Applicant's
				nationality, ancestry, national origin, descent, or parentage;
(7) Language commonly used by
				applicant;
(8) How applicant
				acquired the ability to read, write, or speak a foreign language; and
(9) Names of organizations to which the
				applicant belongs if that information would indicate through character or name
				the ancestry of the membership.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-181 - General provisions

Current through June,
				2024
Chapter
				  378, HRS, prohibits any employer or
				  other covered entity from discriminating in employment against individuals or
				  persons because of a disability. Persons with a disability are entitled to
				  equal employment opportunities as are available to persons without a
				  disability. In 2009 the Legislature passed Act 30 and in 2010 the Legislature
				  passed Act 139, which directed the commission to adopt administrative rules to
				  conform, at minimum, to the definitions contained in the Americans with
				  Disabilities Act Amendments Act (ADAAA),
				  P.L.
				  110-325. Consistent with the ADAAA and its
				  implementing regulations, the definition of disability is to be construed
				  broadly in favor of expansive coverage to the maximum extent permitted by
				  Chapter
				  378, HRS. The primary object of
				  attention in cases brought under Chapter
				  378 and these administrative rules
				  should be whether covered entities have complied with their obligations and
				  whether discrimination has occurred, not whether the person meets the
				  definition of disability. The determination of whether a person has a
				  disability should not demand extensive analysis. The examples are used to
				  provide guidance to the public and only illustrate the particular point or
				  principle to which they relate in the rules. They should not be taken out of
				  context as statements of policy that would apply in different circumstances. To
				  the greatest extent possible, the commission will interpret the rules
				  consistent with the examples, however, the commission shall review each case on
				  an individual basis in an effort to seek an equitable application of this
				  subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-183 - Discrimination prohibited

Current through June,
				2024
(a) It is unlawful
				for an employer or other covered entity to discriminate on the basis of
				disability against a qualified person in regard to:
(1) Recruitment, advertising, and job
				application procedures;
(2) Hiring,
				upgrading, promotion, award of tenure, demotion, transfer, layoff, termination,
				right of return from layoff, and rehiring;
(3) Rates of pay or any other form of
				compensation and changes in compensation;
(4) Job assignments, job classifications,
				organizational structures, position descriptions, lines of progression, and
				seniority lists;
(5) Leaves of
				absence, sick leave, or any other leave;
(6) Fringe benefits available by virtue of
				employment, whether or not administered by the employer or other covered
				entity;
(7) Selection and financial
				support for training, including apprenticeships, professional meetings,
				conferences, and other related activities, and selection for leaves of absence
				to pursue training; and
(8) Any
				other term, condition, or privilege of employment, including activities
				sponsored by an employer or other covered entity such as social and
				recreational programs.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-184 - Limiting, segregating, and classifying

Current through June,
				2024
It is unlawful for an employer or other covered entity to
				  limit, segregate, or classify a job applicant or employee in a way that
				  adversely affects his or her employment opportunities or status on the basis of
				  disability.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-185 - Contractual or other arrangements

Current through June,
				2024
(a) It is unlawful
				for an employer or other covered entity to participate in a contractual or
				other arrangement or relationship that has the effect of subjecting the
				employer's or entity's own qualified applicant, employee, member, beneficiary,
				apprentice, trainee, or other related person with a disability to the
				discrimination prohibited by this subchapter.
(b) This section applies to an employer or
				other covered entity, with respect to its own applicants, employees, members,
				beneficiaries, apprentices, trainees, or other related persons whether the
				employer or entity offered the contract or initiated the relationship, or
				whether the employer or entity accepted the contract or acceded to the
				relationship. An employer or other covered entity is not liable for the actions
				of the other party or parties to the contract which only affect that other
				party's employees, applicants, or other related persons.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-186 - Standards, criteria, or methods of administration

Current
				through June, 2024
It is unlawful for an employer or other covered entity to use
				  standards, criteria, or methods of administration:
(1) That have the effect of discriminating on
				the basis of disability; or
(2)
				That perpetuate the discrimination of others who are subject to common
				administrative control;
unless the employer or covered entity justifies the need for
				  having the standard, criterion, or method of administration. Standards,
				  criteria, or methods of administration which exclude a class of persons on the
				  basis of a specified physical or mental impairment, medical condition, or
				  disability must be shown to be bona fide occupational qualifications. Other
				  standards, criteria, or methods of administration which have the effect of
				  discriminating on the basis of disability or perpetuate the discrimination of
				  others subject to common administrative control must be shown to be job-related
				  and consistent with business necessity.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-187 - Failure to make reasonable accommodation

Current through June,
				2024
(a) It is unlawful
				for an employer or other covered entity not to make reasonable accommodation to
				the known physical or mental limitations of an otherwise qualified applicant or
				employee with a disability, unless such employer or
entity can demonstrate that the accommodation would impose an
				  undue hardship on the operation of its business. An employee does not have to
				  specifically request a "reasonable accommodation", but must only let the
				  employer know that some adjustment or change is needed to do a job because of
				  limitations caused by a disability.
(b) To determine the appropriate reasonable
				accommodation, it shall be necessary for an employer or other covered entity to
				initiate an interactive process, after a request for an accommodation, with the
				qualified person with a disability in need of the accommodation. This process
				shall identify the precise limitations resulting from the disability and
				potential reasonable accommodations that could overcome those
				limitations.
(c) It is unlawful for
				an employer or other covered entity to deny employment opportunities to an
				otherwise qualified applicant or employee with a disability based on the need
				of such employer or entity to make reasonable accommodation to such person's
				physical or mental impairments.
(d)
				A qualified person with a disability is not required to accept an
				accommodation, aid, service, opportunity, or benefit which such qualified
				person chooses not to accept. However, if such person, after notice by the
				employer or other covered entity of the possible consequences of rejecting,
				rejects a reasonable accommodation, aid, service, opportunity, or benefit that
				enables the person to perform the essential functions of the position held or
				desired and cannot, as a result of that rejection, perform the essential
				functions of the position, the person will not be considered a qualified person
				with a disability.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-189 - Retaliation, coercion, interference, or intimidation

Current
				through June, 2024
(a)
				It is unlawful to discriminate or take an adverse action against any person
				because that person has opposed any act or practice made unlawful by this
				subchapter or because that person made a charge, testified, assisted, or
				participated in any manner relating to an investigation, hearing, or proceeding
				to enforce any provision contained in this subchapter.
(b) It is unlawful to discriminate or take an
				adverse action against an employee based upon the employee's refusal to
				participate in a medical examination or inquiry under section 12-46-191(c),
				which is not job-related and consistent with business necessity, or a voluntary
				medical examination or inquiry under section 12-46-191(e).
(c) It is unlawful to coerce, intimidate,
				threaten, harass, or interfere with any person in the exercise or enjoyment of,
				or because that person aided, counselled, or encouraged any other person in the
				exercise of, any right granted or protected by this subchapter.
(d) It is unlawful to aid, abet, incite, or
				compel any person to engage in any act made unlawful by this
				subchapter.
(e) It is unlawful to
				attempt to engage in any act made unlawful by this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-190 - Prohibited medical examinations and inquiries

Current through
				June, 2024
(a) Except as
				permitted by section 12-46-191, it is unlawful for an employer or other covered
				entity to:
(1) Conduct a medical examination
				of an applicant; or
(2) Make
				inquiries as to whether an applicant is a person with a disability or as to the
				nature or severity of such disability.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-191 - Medical examinations and inquiries specifically permitted

Current through June, 2024
(a) An employer or other covered entity may
				make pre-employment inquiries into the ability of an applicant to perform
				essential job functions and ask an applicant to describe or demonstrate how,
				with or without reasonable accommodation, the applicant will be able to perform
				essential job functions.
(b) An
				employer or other covered entity may require a medical examination or inquiry,
				or both, after making an offer of employment to a job applicant and before the
				applicant begins his or her employment duties, and may condition an offer of
				employment on the results of such examination or inquiry, or both, if all
				entering employees in the same job category are subjected to such an
				examination or inquiry, or both, regardless of disability. Information obtained
				under this subsection shall not be used for any purposes inconsistent with this
				subchapter and must be maintained in accordance with subsection (f). Such
				post-offer medical examinations conducted in accordance with this subsection do
				not have to be job-related and consistent with business necessity.
(1) If qualification standards, tests, or
				selection criteria are used to screen out a person with a disability or a class
				of persons with disabilities on the basis of a specified physical or mental
				impairment, condition, or disability, the criteria must be shown to be a bona
				fide occupational qualification. Other qualification tests, standards, or
				selection criteria that screen out a person with a disability or class of
				persons with disabilities must be shown to be job-related and consistent with
				business necessity.
(2) If any
				adverse consequences result from a post-offer medical examination, the employer
				or other covered entity shall base its action on a medical examination
				conducted in accordance with subsection (d).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-192 - Specific activities permitted

Current through June,
				2024
(a) An employer or
				other covered entity:
(1) May prohibit the
				illegal use of drugs and the consumption of alcohol at the workplace by all
				employees;
(2) May require that
				employees not be under the influence of alcohol or be engaging in the use of
				illegal drugs at the workplace;
(3)
				May hold an employee who engaged in the use of illegal drugs to the same
				qualification standards for employment or job performance and behavior to which
				the employer or other covered entity holds its other employees, even if any
				unsatisfactory performance or behavior is related to the employee's use of
				illegal drugs;
(4) May hold an
				employee who is an alcoholic to the same qualification standards for employment
				or job performance and behavior to which the employer or other covered entity
				holds its other employees, even if any unsatisfactory performance or behavior
				is related to the employee's alcoholism, as long as reasonable accommodation,
				if requested, is provided for the performance of essential job
				functions;
(5) May require that its
				employees employed in an industry subject to such regulations comply with the
				standards established in the regulations (if any) of federal agencies
				including, but not limited to, the Departments of Defense and Transportation,
				and of the Nuclear Regulatory Commission, regarding alcohol and the use of
				illegal drugs;
(6) May require that
				employees employed in sensitive positions comply with the regulations (if any)
				of the United States Departments of Defense and Transportation and of the
				Nuclear Regulatory Commission that apply to employment in sensitive positions
				subject to such regulations; and
(7) May require a medical examination or
				inquiry, or both, as permitted in section 12-46-191, or a test or inquiry to
				determine the illegal use of drugs. However, this subchapter does not
				encourage, prohibit, or authorize an employer or other covered entity to
				conduct drug tests of job applicants or employees to determine the illegal use
				of drugs or to make an employment decision based on such test
				results.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 9 - DISABILITY DISCRIMINATION › Section 12-46-193 - Defenses

Current through June, 2024
An employer or other covered entity may raise defenses to an
				  allegation of discrimination under this subchapter including, but not limited
				  to, the following:
(1)
Inability
				to perform.
It may be a defense to a charge of discrimination brought
				under this subchapter that a person with a disability is unable to perform an
				essential job function with or without a reasonable accommodation.
(2)
Business necessity.
It may
				be a defense to a charge of discrimination brought under this subchapter that:
(A) An alleged application of qualification
				standards, tests, or criteria used in the selection of employees screens out or
				tends to screen out or otherwise denies a job or benefit to a person with a
				disability; or
(B) A uniformly
				applied standard, criterion, method of administration, or policy has a
				disparate impact on a person with a disability or a class of persons with
				disabilities; and the challenged standard, test, criterion, method, or policy
				has been shown by the employer or other covered entity to be job-related and
				consistent with business necessity in light of the factors in the definition of
				job-related and consistent with business necessity; and performance of
				essential job functions cannot be accomplished with reasonable accommodation,
				as required under this subchapter.
Example:
A job applicant for a field sales representative position,
				  who was not hired, challenges a driver's license requirement as discriminating
				  against persons who cannot obtain licenses because of their disabilities. An
				  employer may be able to defend by showing that driving was an essential job
				  function, no other transportation alternative (i.e. bus or paratransit service)
				  having less adverse effects upon persons with disabilities was available; and
				  any accommodation would cause an undue hardship because field sales
				  representatives had to work alone.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-301 - General provisions

Current through June,
				2024
The purpose of this subchapter is to implement laws
				  prohibiting discrimination in real property transactions toward the goal of
				  eliminating such discrimination and to implement changes made by Act 171,
				  Session Laws of Hawaii 1992, to conform state law to Title VIII of the Civil
				  Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
				  Chapter
				  515, HRS, prohibits discriminatory
				  practices by an owner, any person engaging in a real property or real estate
				  transaction, or a real estate broker or salesperson against another person
				  because of a protected basis. The examples are used to provide guidance to the
				  public and only illustrate the particular point or principle to which they
				  relate in the rules. They should not be taken out of context as statements of
				  policy that would apply in different situations. To the greatest extent
				  possible, the commission will interpret the rules consistent with the examples,
				  however, the commission shall review each case on an individual basis in an
				  effort to seek an equitable application of this subchapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-303 - Construction

Current through June, 2024
This subchapter shall be liberally construed according to the
				  fair import of their terms toward the goal of eliminating discrimination in
				  real estate transactions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-304 - Record keeping requirements

Current through June,
				2024
(a) Any records of
				real estate transactions made or kept by an owner, any person engaging in a
				real estate transaction, or real estate broker or salesperson involving the
				lease or rental of a housing accommodation:
(1) In a building which has four or more
				housing accommodations; or
(2)
				Which is owned by a person who owns three or more housing accommodations;
shall be preserved for one year from the date of making the
				  record or the occurrence of the real estate transaction practice, policy, or
				  action involved, whichever is later. The records shall include, but not be
				  limited to, advertisements, applications, and any other information furnished
				  by the person seeking the housing accommodation, lease or rental agreements,
				  eviction records, any records affecting changes in the terms, conditions,
				  privileges, or enjoyment of tenancy, occupancy, or use of the premises, and
				  corporate or association minutes and resolutions adopting house rules affecting
				  occupancy.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-305 - Discriminatory practices

Current through June,
				2024
It is a discriminatory practice for an owner or any other
				  person engaging in a real estate transaction, or for a real estate broker or
				  salesperson because of a person's protected basis:
(1) To refuse to engage in a real estate
				transaction, evict, or terminate a tenancy;
(2) To discriminate in the terms, conditions,
				enjoyment, or privileges of a real estate transaction, or in the furnishing of
				facilities or services in connection therewith;
(3) To refuse to receive or fail to transmit
				a bona fide offer to engage in a real estate transaction from a
				person;
(4) To refuse to negotiate
				for a real estate transaction with a person;
(5) To represent to a person that real
				property is not available for inspection, sale, rental, or lease when, in fact,
				it is available, or to fail to bring a property listing to the person's
				attention, or to refuse to permit the person to inspect real property, or to
				steer a person seeking to engage in a real estate transaction;
(6) To discriminate against or deny a person
				access to, or membership or participation in any multiple listing service, real
				estate broker's organization, or facility involved either directly or
				indirectly in real estate transactions, or to discriminate against any person
				in the terms or conditions of such access, membership, or
				participation;
(7) To engage in
				harassment; or
(8) To institute or
				apply facially neutral policies or restrictions which result in a disparate
				adverse impact.