HAR §12-46-110. Employment agencies

(a) Employment agencies shall not: (1) Refer or refuse to refer applicants for jobs upon the basis of the sex of the applicant; (2) Maintain separate application forms or separate files for male and female jobs and job candidates; (3) Accept or process any job order which contains or expresses directly or indirectly any limitation, specification, preference, or discrimination as to sex, unless based on a BFOQ; and (4) Solicit and interview applicants on the basis of sex unless sex is a BFOQ. (b) Employment agencies which deal exclusively with one sex are engaged in an unlawful discriminatory practice, except to the extent that those agencies limit their services to furnishing employees for particular jobs for which sex is a BFOQ. (c) An employment agency that receives a job order containing an unlawful sex specification shall share responsibility with the employer placing the job order if the agency fills the order knowing that sex specification is not a BFOQ. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)