Haw. Code R. § 12-46-177 - Pre-employment inquiries

(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.

Notes

Haw. Code R. § 12-46-177

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