HAR §12-46-133. Pre-employment practices

(a) Where an employer or other covered entity, as a part of its recruitment process, advertises job openings through the media, employment agencies, posting of notices, or through other means, it is discrimination on the basis of age for the employer to express or cause to be expressed a preference for individuals of a particular age or range of ages unless there is a BFOQ for the position. Phrases such as "young", "college student", "girl", "boy", "recent college graduate", "retired person", supplement your pension", or others of a similar nature are prohibited unless there is a BFOQ for the position. (b) No newspaper or other publication published within the State shall accept, publish, print, or otherwise cause to be advertised any notice of an employment opportunity from an employer or other covered entity containing any indication of a preference, limitation, or specification based on age, unless the newspaper of publication has obtained the approval of the department indicating that the preference, limitation, or specification is a BFOQ. (c) Any pre-employment inquiry in connection with prospective employment which expresses directly or indirectly any limitation, specification, or discrimination as to age shall be unlawful unless based on a BFOQ. An applicant shall not be: (1) Asked his or her age or date of birth; or 46-82 r ( (2) Required to produce proof of age in the form of a birth certificate or baptismal record. (d) Nothing in subsection (c) shall be construed to prohibit: (1) Any inquiry as to whether or not the applicant meets the minimum age requirement set by statute or rule. If the applicant is under eighteen years of age, the employer may require proof of age in the form of an employment certificate or certificate of age; or (2) An employer, after an applicant has been hired, to inquire as to the applicant's age where those inquiries serve legitimate record-keeping purposes. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)