HAR §12-46-121. General policy

Chapter 378, HRS, prohibits any employer or other covered entity from discriminating in employment because of the individual's marital status. Chapter 378, HRS, and policies apply to males and females alike. [Eff 12/31/90; comp ] (Auth: HRS §§368- 3, 378-8) (Imp: HRS §§368-3, 378-8) §12-46-122 Bona fide occupational qualification (BFOQ). The BFOQ exception as to marital status shall be strictly and narrowly construed. The burden of proving that marital status is a BFOQ rests upon the employer or other covered entity seeking to rely on the exception. The determination of the legality of an alleged BFOQ will be made from an examination of the employer's business requirements and the totality of the circumstances, on a case by case basis. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-3) §12-46-123 Pre-employment practices and policies. (a) An employer or other covered entity placing a help wanted advertisement indicating any marital status preference, limitation, or specification may request an advisory determination from the commission as to whether it is a violation of the statute. The commission shall give informal opinions in response to such requests. (b) A pre-employment inquiry or application shall not ask: (1) Mr., Mrs., Miss, Ms., or t;6-78 r ( (2) Single, married, divorced, widowed, separated, etc.; or (3) Name and ages of spouse and children; or (4) Spouse's place of employment. (c) An applicant may be asked whether he or she has used another name in order that the applicant's past work record may be checked. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)