Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 5 - MARITAL STATUS DISCRIMINATION
Section 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.