Hawaii Fair Hiring Laws

Various laws are in effect that impact employment, including some that dictate the regulations around recruiting and hiring new employees. Review our detailed guide to fair hiring laws in Hawaii and how they differ from federal regulations.

What Are Fair Hiring Laws?

Fair hiring laws are regulations administered federally by the Equal Employment Opportunity Commission (EEOC) and Department of Labor (DOL). They apply across all states in the U.S., although some states have stricter laws in place. More than 180 laws cover workplace activities, protecting more than 165 million workers. Some of these related to the process of recruiting and hiring new employees.

What Are “Ban-the-Box” Laws?

Ban-the-box laws limit when an employer can ask about a candidate’s criminal history during the hiring process. The term refers to eliminating the box that must be checked on a traditional application when the individual has such a record.

Does Hawaii Have Fair Hiring Laws That Differ from Federal Fair Hiring Laws?

Hawaii has laws in effect that relate to fair hiring practices, but they generally follow federal laws. There are some minor differences, including protected classes and characteristics.

The state was also the first to have a ban-the-box law in effect, which was amended in 2020 to prohibit most employers from considering misdemeanor convictions beyond 5 years and felony convictions beyond 7 years. Some employers are exempt, including the state government (and the departments of education and health), judiciary, armed security service providers, private schools, developmental disabilities domiciliary home service providers, some financial institutions, security guards, detectives, insurance, and property or passenger screening service providers.

Do Hawaii Hiring Laws Match or Differ from the Federal Equal Pay Act (EPA)?

Recently passed legislation in Hawaii expands the definition of equal work to substantially similar work. This change protects employees in the state from pay disparity based on sex, as well as race, sexual orientation, and gender identity. Additionally, employers are required to disclose salary ranges in job listings.

Do Hawaii Hiring Laws Match or Differ from the Age Discrimination in Employment Act (ADEA)?

The Hawaii Employment Practices Act offers broader protections in some areas in comparison to the federal law.

Do Hawaii Hiring Laws Match or Differ from the Americans with Disabilities Act (ADA)?

In the Hawaii Revised Statutes, Chapter 378, discrimination laws against individuals with disabilities generally mirror the federal ADA.

Do Hawaii Hiring Laws Match or Differ from the Genetic Information Nondiscrimination Act (GINA)?

Hawaii follows the federal GINA regarding the use of genetic information in hiring.

Do Hawaii Hiring Laws Match or Differ from Title VII of the Civil Rights Act of 1964?

Hawaii’s law offers broader protections with additional protected characteristics. These include gender identity, ancestry, and sexual orientation.

Are There Different Fair Hiring Laws in Cities or Municipalities Across Hawaii?

No, there are no different fair hiring laws in cities or municipalities in Hawaii.

With the right tools, ensuring fairness when recruiting and hiring doesn’t have to cause problems. Learn more about the applicant tracking capabilities built into WorkforceHub, like automation of data tracking and reporting for valuable insights. We can help your business maintain compliance with fair hiring regulations.