Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 6 - AGE DISCRIMINATION
Section 12-46-138 - Bona fide seniority systems
Current through August, 2024
(a) It shall not be unlawful for an employer or other covered entity to observe the terms of a bona fide seniority system which is not a subterfuge to evade the purposes of chapter 378, HRS.
(b) A seniority system which gives those with longer service lesser rights and results in discharge or less favored treatment to those in certain age groups, depending upon the circumstances, may be a "subterfuge to evade the purposes" of chapter 378, HRS.
(c) Though a seniority system may be qualified by such factors as merit, capacity, or ability, any bona fide seniority system shall be based upon length of service as the primary criterion for the equitable allocation of available employment opportunities and prerogatives among younger and older workers.
(d) Unless the essential terms and conditions of an alleged seniority system have been communicated to the affected employees and can be shown to be applied uniformly to all of those affected, regardless of age, it will not be considered a bona fide seniority system within the meaning of chapter 378, HRS.
