HAR §12-46-152. Pre-employment practices

(a) It is a violation of chapter 378, HRS, for an employer or other covered entity to: (1) Ask about an applicant's religious affiliation; (2) Ask if an applicant attends religious services or a house of worship; or (3) Ask an applicant any questions that might indicate or identify that person's religious denomination or practices. (b) An employer shall justify by business necessity, inquiries concerning availability. Employers who have a legitimate interest in knowing the availability of their applicants prior to selection, shall consider procedures which would serve this interest without excluding persons whose religious practices need accommodation. For example, an employer may ask: "Apart from absences for ( religious observances, will you be available for work at the following times?" After a position is offered, the employer may inquire into the need for a religious accommodation, if any, and determine whether an accommodation is possible in accordance with this subchapter. (c) When a test or other selection procedure is scheduled at a time when an employee or prospective employee cannot attend because of his or her religious practices, the employer or other covered entity shall accommodate the employee or prospective employee unless undue hardship would result. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)