Haw. Code R. § 12-46-153 - Employee selection

(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.

Notes

Haw. Code R. § 12-46-153

[Eff 12/31/90] (Auth: HRS §§ 368-3, 378-8) (Imp: HRS §§ 368-3, 378-2)