HAR §12-46-171. General policies

(a) Chapter 378, HRS, prohibits any employer or covered entity from discriminating in employment because of ancestry, except where ancestry is a bona fide occupational qualification. The commission defines ancestry discrimination broadly and will examine with particular concern charges alleging that individuals have been denied equal employment opportunity for reasons related to ancestry, such as: (1) Marriage to or association with persons of an ancestral group; (2) Membership in or association with an organization identified with or seeking to promote the interest of an ancestral group; (3) Attendance or participation in schools, churches, temples, or mosques, generally used by persons of an ancestral group; or (4) Because an individual's name or spouse's name is associated with an ancestral group. (b) Chapter 378, HRS, is intended to eliminate covert as well as overt practices of discrimination, and the commission will therefore examine charges of unlawful discrimination principles, such as disparate treatment and adverse impact. [Eff 12/31/90; am and comp ) (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-8) §12-46-172 Bona fide occupational qualification (BFOQ). (a) The BFOQ exception as to ancestry shall be strictly and narrowly construed. (b) The burden of proving that ancestry is a BFOQ rests upon the employer or other covered entity ( seeking the exception. [Eff 12/31/90; comp ] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-3)