HAR §12-46-134. Employee selection

(a) It is unlawful for an employer or other covered entity to discriminate in employment by giving preference because of age. Thus, if two people of different ages apply for the same position, the employer or other covered entity may not lawfully turn down either one on the basis of age but shall make the decision on the basis of some other factor. (b) Nothing in this section shall be construed to preclude an employer from selecting from among all applicants an individual who is in fact better qualified for a position over one who is less qualified or from hiring an individual on the basis of experience and training superior to other applicants. [Eff 12/31/90; comp ] (Auth: HRS §§368- 3, 378-3) (Imp: HRS §§368-3, 378-2) ( §12-46-135 Physical or medical examination of applicants and employees. It is discrimination on the basis of age for any employer or other covered entity to require an applicant or employee who is within a certain age group to undergo a physical or medical examination to determine whether or not the applicant or employee meets the job-related physical or medical standards when the examinations are not required of all applicants or employees. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)