Ban The Box

Employers may not ask about criminal convictions on job applications. Such inquires may only occur after a conditional offer is extended.

An employer may not inquire about arrests that did not lead to a conviction. They may ask about convictions and pending cases. If a criminal record is found and it is relevant to the position, then the employer may withdraw their offer.

Discriminatory Hiring Practices Are Prohibited

Employers may not discriminate against applicants or employees based on race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, or domestic or sexual violence victim status.

Employers may not discriminate against applicants or employees due to their credit history unless it directly relates to a bona fide occupational qualification.

Consideration Of Credit History

Employers can only review an applicant’s credit history after a conditional offer is made. An employer may withdraw that offer based on the results of a report only if it is directly related to a bona fide occupational qualification.

Consideration Of Convictions

Employers may review criminal convictions after extending a conditional job offer, but only for the last ten years (excluding periods of incarceration). A conviction can only be used as reason to take an adverse action if it is relevant to the position for which the person is applying.

January 1, 2019

Hawaii Prohibits Employers From Asking About Salary History

The Hawaiian legislature conducted a study and confirmed that the state has a gender-based pay disparity. Although steps have been taken to eliminate this, the study showed that at the current level of progress, pay parity will not occur until around 2058.

To accelerate this process, Hawaii passed Senate Bill 2351 (SB 2351) which prohibits employers from asking applicants about their salary history. The bill states employers, employment agencies or their agents:

  • May not ask about salary history or rely on the salary history of an applicant when determining their salary, benefits or other forms of compensation.
  • May inquire about an applicant's salary expectations. If the applicant voluntarily offers their salary history, then that information may be verified and considered when determining salary, benefits or other forms of compensation.
  • May not use an applicant's salary history should that information be inadvertently revealed to them.
  • May not discriminate between employees based on gender by paying one person less than another when both perform an equal level of work under equal circumstances. Allowable reasons for pay disparity include a merit system, seniority or a bona fide occupational qualification.
  • May not discriminate or retaliate against any employee who discloses their salary, discusses wages with other employees or encourages others to exercise their right to discuss their salary.

SB 2351 does not apply to:

  • Employees who are being considered for promotions.
  • Public employee positions for which salary, benefits, or other types of compensation are determined pursuant to collective bargaining.

SB 2351 was signed by Hawaii Governor David Y. Ige and goes into effect January 1, 2019.

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