HAR §12-46-131. General policy

Chapter 378, HRS, prohibits any employer or other covered entity from discriminating in employment because of a person's age, except where age is a bona fide occupational qualification (BFOQ). [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2, 378-3) §12-46-132 Bona fide occupational qualification (BFOQ). (a) Whether occupational qualifications will be deemed to be "bona fide" to a specific job and "reasonably necessary to the normal operation of the particular business" shall be determined on the basis of all the pertinent facts surrounding each particular situation. This concept of a BFOQ shall have limited scope and application, and shall be narrowly construed. (b) An employer or other covered entity asserting a BFOQ defense has the burden of proving that: (1) The age limit is reasonably necessary to the essence of the business; and either (2) All or substantially all individuals excluded from the job involved are in fact disqualified; or (3) Some of the individuals so excluded possess a disqualifying trait that cannot be ascertained except by reference to age. If the employer or other covered entity's objective in asserting a BFOQ is the goal of public safety, the employer or covered entity shall prove that the challenged practice does in fact effectuate that goal 46-81 ( ( and that there is no acceptable alternative which would better advance it or equally advance it with less discriminatory impact. (c) An age requirement specified by law, rule, or regulation, shall be considered a BFOQ where the requirement is related to the work which the employee must perform. [Eff 12/31/90; comp ] (Auth: HRS §§ 368-3, 378-8) (Imp: HRS §§368-3, 378-3)