Haw. Code R. § 12-46-133 - Pre-employment practices
(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.
(d) Nothing in
subsection (c) shall be construed to prohibit:
(1) Any inquiry as to whether or not the
applicant meets the minimum age requirement set by statute or rule. If the
applicant is under eighteen years of age, the employer may require proof of age
in the form of an employment certificate or certificate of age; or
(2) An employer, after an applicant has been
hired, to inquire as to the applicant's age where those inquiries serve
legitimate record-keeping purposes.
Notes
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