Haw. Code R. § 12-46-174 - Language
(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.
Notes
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