Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 7 - RELIGIOUS DISCRIMINATION
Section 12-46-153 - Employee selection
Universal Citation: HI Admin Rules 12-46-153
Current through August, 2024
(a) An employer shall not permit an applicant's religion or the need for religious accommodation to affect in any way its decision to hire the applicant, unless the employer can demonstrate that it cannot reasonably accommodate the applicant's religious practices without undue hardship.
(b) It shall be prima facie evidence that the need for religious accommodation influenced a decision to reject an applicant when:
(1) Prior to selection, the employer
elicits information which would determine an applicant's need for a religious
accommodation;
(2) This procedure
is not justified by business necessity; and
(3) The employer rejects a qualified
applicant after the employer has determined the applicant's need for
accommodation.
The burden is then on the employer to demonstrate that factors other than need for an accommodation were the reasons for rejecting the qualified applicant, or that reasonable accommodation without undue hardship was not possible.
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