Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 9 - DISABILITY DISCRIMINATION
Section 12-46-186 - Standards, criteria, or methods of administration
Current through August, 2024
It is unlawful for an employer or other covered entity to use standards, criteria, or methods of administration:
(1) That have the effect of discriminating on the basis of disability; or
(2) That perpetuate the discrimination of others who are subject to common administrative control;
unless the employer or covered entity justifies the need for having the standard, criterion, or method of administration. Standards, criteria, or methods of administration which exclude a class of persons on the basis of a specified physical or mental impairment, medical condition, or disability must be shown to be bona fide occupational qualifications. Other standards, criteria, or methods of administration which have the effect of discriminating on the basis of disability or perpetuate the discrimination of others subject to common administrative control must be shown to be job-related and consistent with business necessity.
