Subchapter 5 (Marital Status Discrimination)
MARITAL STATUS DISCRIMINATION
§12-46-121 General policy.
Chapter 378, HRS, prohibits any employer or other covered entity from
discriminating in employment because of the individual's marital status.
Chapter 378, HRS, and policies apply to males and females alike. [Eff
12/31/90] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-8)
§12-46-122 Bona fide occupational qualification
(BFOQ). The BFOQ exception as to marital status shall be
strictly and narrowly construed. The burden of proving that marital
status is a BFOQ rests upon the employer or other covered entity
seeking to rely on the exception. The determination of the legality
of an alleged BFOQ will be made from an examination of the employer's
business requirements and the totality of the circumstances, on a
case by case basis. [Eff 12/31/90] (Auth: HRS §§368-3, 378-8) (Imp:
HRS §§368-3, 378-3)
§12-46-123 Pre-employment practices
and policies. (a) An employer or other covered entity placing
a help wanted advertisement indicating any marital status preference,
limitation, or specification may request an advisory determination
from the commission as to whether it is a violation of the statute.
The commission shall give informal opinions in response to such requests.
(b) A pre-employment inquiry or application shall not ask:
(1) Mr., Mrs., Miss, Ms., or
(2) Single, married, divorced, widowed, separated, etc.; or
(3) Name and ages of spouse and children; or
(4) Spouse's place of employment.
(c) An applicant may be asked whether he or she has used another name
in order that the applicant's past work record may be checked. [Eff
12/31/90] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)
§12-46-124 Employee selection.
An employment decision shall not be based on an individual's marital
status. [Eff 12/31/90] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3,
378-2)
§12-46-125 Terms, conditions, and privileges
of employment. (a) It shall be unlawful for an employer
or other covered entity to discriminate on the basis of marital status
with regard to wages, job duties, fringe benefits, or other terms,
conditions, and privileges of employment.
(b) It is violation of chapter 378, HRS, for an employer to:
(1) Give different fringe benefits to married employees as opposed
to single employees; or
(2) Make available fringe benefits for wives of male employees which
are not made available to single female employees; or
(3) Make available fringe benefits for the husbands of female employees
which are not make available to single male employees; or
(4) To condition fringe benefits upon whether an employee is "head
of household", "principal wage earner", "secondary wage earner", or
other similar status.
(c) Married and single employees shall have equal access to all training
programs and opportunities for promotion.
[Eff 12/31/90] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2)
§§12-46-127 to 12-46-130 (Reserved)
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