HAR §12-46-104. Employee selection

(a) Tests of physical agility or strength shall not be used unless the test is administered pursuant to a BFOQ. No applicant or employee shall be refused the opportunity to demonstrate that he or she has the requisite strength or agility to perform the job in question. (b) Use of height or weight standards which discriminate against one sex or the other is unlawful unless pursuant to a BFOQ. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2) 46-71 ( §12-46-105 Terms, conditions, and privileges of employment. (a) Wages shall not be related to or based on the sex of the employees. (b) The employer shall not restrict one sex to certain job classifications. The employer shall make jobs available to all qualified employees in all classifications without regard to sex. (c) Employees shall be treated equally, without regard to sex, in regard to all training programs, opportunities for promotions, and fringe benefits. [Eff 12/31/90; am and comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2) §12-46-106 Pregnancy, childbirth, and related medical conditions; general policy. Individuals shall not be penalized in their terms or conditions of employment because they require time away from work for a known limitation due to or resulting from pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. [Eff 12/31/90; am and comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-8) §12-46-107 Hiring, retention, and accommodation of pregnant individuals. (a) An employer shall not exclude from employment a pregnant applicant because of pregnancy. (b) It is an unlawful discriminatory practice to discharge a pregnant individual from employment or to penalize the employee in terms, conditions, and privileges of employment because the employee requires time away from work for a known limitation due to or 46-72 ( resulting from pregnancy, childbirth, or related medical conditions. (c) An employer shall make every reasonable accommodation to the needs of the individual affected by pregnancy, childbirth, or related medical conditions. [Eff 12/31/90; am and comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-1, 378-2) §12-46-108 Leave due to pregnancy, childbirth, or related medical conditions. (a) Pregnancy, childbirth, or related medical conditions shall be considered by the employer to be justification for a leave, with or without pay, by the pregnant employee for a reasonable period of time. "Reasonable period of time" as used in this section shall be determined by the employee's physician, with regard for the employee's physical condition and the job requirements. (b) The employer may request a doctor's certificate estimating the length of leave and the estimated commencement and termination dates of leave required by the employee. (c) An employee who has taken leave due to pregnancy or related medical conditions shall be reinstated to the employee's original job or to a position of comparable status and pay, without loss of accumulated service credits and privileges. The employer may request, prior to the employee's return, a medical certificate from the employee's physician attesting to the employee's physical condition and approving the employee's return to work. (d) Chapter 378, HRS, does not require any employer to grant paid or unpaid child care leave of absence. Any employer providing such leaves shall do so without regard to the sex of the employee applying for such leave. [Eff 12/31/90; am and comp ( ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-1, 378-2)