Haw. Code R. § 12-46-138 - Bona fide seniority systems
(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.
Notes
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