Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 6 - AGE DISCRIMINATION
Section 12-46-134 - Employee selection

(a) It is unlawful for an employer or other covered entity to discriminate in employment by giving preference because of age. Thus, if two people of different ages apply for the same position, the employer or other covered entity may not lawfully turn down either one on the basis of age but shall make the decision on the basis of some other factor.

(b) Nothing in this section shall be construed to preclude an employer from selecting from among all applicants an individual who is in fact better qualified for a position over one who is less qualified or from hiring an individual on the basis of experience and training superior to other applicants.