HAR §12-46-181. General provisions

Chapter 378, HRS, prohibits any employer or other covered entity from discriminating in employment against individuals or persons because of a disability. Persons with a disability are entitled to equal employment opportunities as are available to persons without a disability. In 2009 the Legislature passed Act 30 and in 2010 the Legislature passed Act 139, which directed the commission to adopt administrative rules to conform, at minimum, to the definitions contained in the Americans with Disabilities Act Amendments Act (ADAAA), P.L. 110-325. Consistent with the ADAAA and its implementing regulations, the definition of disability is to be construed broadly in favor of expansive coverage to the maximum extent permitted by chapter 378, HRS. The primary object of attention in cases brought under chapter 378, HRS and these administrative rules should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether the person meets the definition of disability. The determination of whether a person has a disability should not demand extensive analysis. The examples are used to provide guidance to the public and only illustrate the particular point or principle to which they relate in the rules. They should not be taken out of context as statements of policy that would apply in different circumstances. To the greatest extent possible, the commission will interpret the rules consistent with the examples, however, the commission shall review each case on an individual basis in an effort to seek an equitable application of this subchapter. [Eff 8/18/94; am 3/5/12; am and comp s6-99 ( (Auth: HRS §368-3) (Imp: HRS §.§378-1, 378-2)