Hawaii's anti-discrimination law applies at 1+ employee and uniquely protects arrest records.
The Hawaii Employment Practices Act (HEPA), HRS Chapter 378, prohibits discrimination in employment based on a broad range of protected characteristics, including the distinctive inclusion of arrest and court records. This comprehensive statute applies to nearly all employers operating in Hawaii, setting a low threshold of just one employee for coverage. It also bans pre-hire wage history inquiries, a critical consideration for recruitment.
Hawaii Employment Practices Act
HRS Chapter 378 prohibits discrimination across various protected classes, including arrest records, applying to employers with one or more employees.
What those rules do as a Hawaii shift is created.
Teambridge integrates the Hawaii Employment Practices Act directly into its shift management and hiring workflows, ensuring that compliance is proactively maintained from candidate screening through employment. This includes specific safeguards against prohibited inquiries and discriminatory practices.
Pre-hire wage history blocked
Teambridge's hiring modules automatically prevent inquiries into a candidate's past wage history for Hawaii-based positions, ensuring compliance with the 2018 amendment to HRS § 378-2(a)(10).
Arrest record inquiry flag
Any attempt to screen or inquire about non-conviction arrest records for Hawaii candidates triggers an immediate compliance flag, advising against the practice and guiding towards permissible background checks.
Protected class awareness
Our system integrates all protected classes under HEPA—including credit history, citizenship status, and breastfeeding status—into HR processes, providing alerts for potential disparate impact or direct discrimination.
Stop worrying about Hawaii compliance.
Teambridge handles the complexity of Hawaii's unique labor laws, so you can focus on your business.
Hawaii bans discrimination based on arrest records and wage history.
The Hawaii Employment Practices Act (HRS Chapter 378) broadly prohibits discrimination in employment based on a comprehensive list of protected characteristics. Notably, Hawaii is one of the few states to explicitly include arrest and court records (non-conviction) as a protected class. It also restricts employers from inquiring about a job applicant's wage history.
HRS § 378-2. Discriminatory practices made unlawful; offenses.
It shall be an unlawful discriminatory practice for any employer to refuse to hire or employ, or to bar or to discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, domestic or sexual violence victim status, or association with a person with a disability.
HRS § 378-2(a)(10) further states that it is an unlawful discriminatory practice for an employer to "inquire into the salary history of an applicant for employment."
Protected Categories and Employer Scope
HEPA applies to all employers with one or more employees. The protected categories are extensive and include race, sex (gender identity/expression, sexual orientation), age, religion, color, ancestry, disability, marital status, arrest and court record, domestic or sexual violence victim status, and association with a person with a disability. This broad scope and low employee threshold mean most businesses operating in Hawaii are covered.
Pre-Employment Inquiries and Enforcement
A key provision is the prohibition on inquiring into an applicant's salary history, effective January 1, 2018. This aims to break cycles of wage discrimination. Enforcement of HEPA falls under the Hawaii Civil Rights Commission (HCRC), which investigates complaints. Individuals have 180 days from the date of the alleged discriminatory act to file a complaint with the HCRC.
Teambridge ensures Hawaii's anti-discrimination rules are always active.
From initial candidate engagement to ongoing employee management, Teambridge bakes in the requirements of the Hawaii Employment Practices Act. Our platform is designed to flag potential violations and guide users toward compliant practices, minimizing legal exposure and fostering an equitable workplace.
Automated wage history block
During the application process, Teambridge’s hiring modules automatically redact or prevent fields that solicit prior wage history for Hawaii job applicants, ensuring compliance with HRS § 378-2(a)(10).
Arrest record screening guidance
When initiating background checks for Hawaii roles, Teambridge provides alerts and guidance on permissible inquiries, specifically highlighting the prohibition against considering non-conviction arrest records.
Protected characteristic safeguards
Our system is configured to identify and protect sensitive employee data related to all HEPA-protected classes, ensuring that this information is not used in discriminatory employment decisions.
Mandatory poster and policy updates
Teambridge ensures that employers are aware of and have access to the latest required anti-discrimination posters and policies for Hawaii, facilitating proper communication to employees.
People also ask.
What is the Hawaii Employment Practices Act (HEPA)?
The Hawaii Employment Practices Act (HRS Chapter 378) is Hawaii's comprehensive anti-discrimination law. It prohibits discrimination in employment based on a wide range of protected characteristics, including race, sex, age, religion, disability, marital status, and uniquely, arrest and court record (non-conviction).
How many employees does an employer need to be covered by HEPA?
HEPA applies to nearly all employers in Hawaii, covering those with one or more employees. This is a very low threshold compared to federal laws like Title VII, which generally apply to employers with 15 or more employees.
Can employers in Hawaii ask about an applicant's past salary or wage history?
No. Effective January 1, 2018, the Hawaii Employment Practices Act (HRS § 378-2(a)(10)) prohibits employers from inquiring into the salary history of an applicant for employment. This ban aims to prevent perpetuating wage disparities.
Does Hawaii protect employees based on their arrest record?
Yes, Hawaii is distinctive in explicitly protecting individuals from employment discrimination based on their "arrest and court record," specifically referring to non-conviction records. Employers generally cannot use an arrest that did not lead to a conviction as a basis for adverse employment decisions.
Who enforces the Hawaii Employment Practices Act?
The Hawaii Civil Rights Commission (HCRC) is responsible for enforcing HEPA. Individuals who believe they have experienced discrimination under the Act can file a complaint with the HCRC, typically within 180 days of the discriminatory act.
What are some of the other protected characteristics under HEPA?
Beyond arrest and court record, HEPA protects individuals from discrimination based on race, sex (including gender identity or expression), sexual orientation, age, religion, color, ancestry, disability, marital status, domestic or sexual violence victim status, and association with a person with a disability.