Job interviews aren’t just stressful for jobseekers. Employers, too, have to be mindful of what they say. Asking the wrong interview questions can result in a bad hire or worse yet, put a company at risk for potential claims of discrimination. In fact, a poll commissioned by CareerBuilder found that 1 in 5 hiring managers have unknowingly asked illegal interview questions.

Even common, seemingly innocent questions in Hawaii like “What school you went? What year you grad?” could expose your company to claims of discrimination. Why? Because knowing when a job applicant graduated high school gives you a pretty good idea of how old that person is, and state and federal law prohibit employers from making hiring decisions based on age.

In addition, the Equal Employment Opportunity Commission (EEOC) prohibits discrimination based on other protected classes like disability, genetic information, national origin, pregnancy, race/color, religion, and sex (including gender identity and sexual orientation). Any interview questions employers ask that touch on those issues could be unlawful.

To help break it all down, the table below has been updated to reflect the latest Hawai’i employment laws. It provides the types of questions related to protected classes that an employer can and cannot ask an applicant.

Subject Lawful Inquiries Unlawful Inquiries / Not Recommended
Address or duration of residence
  • Applicant’s address.
  • Place and length of current and previous address.
  • Specific questions about foreign addresses which would indicate national origin.
Age
  • If applicant is a minor, require proof of age in form of a work permit or a certificate of age.
  • After being hired, require proof of age (if age is a legal requirement) or if the inquiry serves legitimate record-keeping purpose.
  • Only if required as a BFOQ.
  • Requirement that applicant state age or date of birth.
  • Requirement that applicant produce proof of age in the form of a birth certificate or baptismal record.
  • Dates of attendance or completion of elementary, high school, or college.
  • Phrases such as: “young”, “college student”, “girl”, “boy”, “recent college graduate”, “retired person”, or “supplement your pension”.
Ancestry or national origin
  • Languages applicant reads, speaks, or writes fluently, if use of a language other than English is relevant to the job for which applicant is applying.
  • Only if required as a BFOQ.
  • Applicant’s nationality, lineage, ancestry, national origin, descent, or parentage.
  • Nationality of applicant’s parents or spouse; maiden name of applicant’s wife or mother.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.
Arrest and court record
  • Unless otherwise permitted by law, Hawaii employers may investigate a job applicant’s criminal record only after the employer makes a conditional offer to hire the applicant. The job offer can be withdrawn if a conviction (not arrest) within the last 7 years for felonies and 5 years for misdemeanors bears a rational relationship to the duties and responsibilities of the position.
  • Inquiries into an applicant’s arrest or conviction record prior to a conditional job offer, unless expressly permitted by law.
Birthplace or citizenship
  • Written or verbal statements noting that proof of legal right to work in the U.S. will be required after being hired.
  • Whether applicant, their parents, or spouse are naturalized or native-born U.S. citizens.
  • Birthplace of applicant, their parents, spouse, or other relatives.
  • Asking for the date when applicant, parents, or spouse acquired US citizenship.
  • Requirement that applicant submit proof of birth documents or naturalization papers.
Disability status
  • “Are you able to perform the essential functions of this job with or without reasonable accommodation?”
  • Requiring a physical examination after the job offer is made (as long as it is a requirement for all employees and/or a BFOQ).
  • Whether applicant has any physical or mental disability and/or a history of one.
  • Questions such as: “Have you ever collected worker’s compensation or temporary disability insurance for a previous illness or injury?”
  • Questions regarding applicant’s general state of health or medical condition.
Education
  • Applicant’s academic, vocational, or professional education; schools attended.
  • Asking specifically the nationality, racial, or religious affiliation of a school.
  • Dates of attendance and/or graduation from school.
Marital status
  • Only if required as a BFOQ.
  • Whether applicant is single, married, divorced, widowed, separated, etc.
  • Mr., Mrs., Miss, or Ms.
  • Names or ages of spouse and/or children; provisions for child care.
  • Spouse’s place of employment.
Miscellaneous
  • Notice to applicants that any misstatement or omission of material facts in the application may be cause for dismissal.
  • Requiring an applicant to submit a resume containing answers to unlawful inquiries.
Notice in case of emergency
  • Name and contact number of person to be notified in case of emergency.
  • The name and contact number of relative to be notified in case of emergency.
Organizations or activities
  • Membership in job-related clubs, organizations, churches, and schools. What offices/positions held, if any.
  • The names of all clubs, organizations, churches, and schools to which the applicant belongs.
Photograph
  • Only if required as a BFOQ (e.g., model).
  • May be required for identification after hiring.
  • Cannot be requested before hiring unless required as a BFOQ.
Race or color
  • Only if required as a BFOQ.
  • Applicant’s race.
  • Color of applicant’s skin, eyes, hair, etc., or other questions directly or indirectly indicating race or color.
  • Applicant’s height.
References
  • Statements such as: “Who referred you to our company for this position?”
  • Names of persons willing to provide professional and/or character references for applicant.
  • Requiring the submission of a religious reference.
  • Asking reference questions that elicit information specifying applicant’s race, color, religion, ancestry, age, marital status, national origin, or sexual orientation.
Religion
  • An applicant may be advised concerning normal hours and days of work.
  • Example: “Apart from absences for religious observances, will you be available for work at the following times?”
  • After a position is offered, inquiring into the need for a reasonable religious accommodation is appropriate.
  • Applicant’s religious denomination or affiliation, church, parish, pastor, or religious holidays observed.*
  • Any inquiry to indicate or identify religious customs or holidays observed.
  • Discussing company’s religious affiliation.*
  • Telling applicant that employees are required to work on religious holidays which are observed as days of complete prayer by members of their specific faith.

*unless employer is exempt under HRS 378-3(5)
Salary history
  • An applicant’s compensation expectations for the position.
  • Any inquiry about an applicant’s current or prior compensation including wages or benefits.
Sex
  • Only if required as a BFOQ
  • Sex of the applicant.
  • Applicant’s weight or height (unless it is a BFOQ).
  • Mr., Mrs., Miss, or Ms.
  • Inquiries regarding pregnancy or related topics.
Sexual orientation
  • None
  • Whether an applicant has a preference for heterosexual, homosexual, or bisexual partners/relationships.

Job interviews aren’t just stressful for jobseekers. Employers, too, have to be mindful of what they say. Asking the wrong interview questions can result in a bad hire or worse yet, put a company at risk for potential claims of discrimination. In fact, a poll commissioned by CareerBuilder found that 1 in 5 hiring managers have unknowingly asked illegal interview questions.

Even common, seemingly innocent questions in Hawaii like “What school you went? What year you grad?” could expose your company to claims of discrimination. Why? Because knowing when a job applicant graduated high school gives you a pretty good idea of how old that person is, and state and federal law prohibit employers from making hiring decisions based on age.

In addition, the Equal Employment Opportunity Commission (EEOC) prohibits discrimination based on other protected classes like disability, genetic information, national origin, pregnancy, race/color, religion, and sex (including gender identity and sexual orientation). Any interview questions employers ask that touch on those issues could be unlawful.

To help break it all down, the table below has been updated to reflect the latest Hawai’i employment laws. It provides the types of questions related to protected classes that an employer can and cannot ask an applicant.

Address or duration of residence

Lawful Inquiries

  • Applicant’s address.
  • Place and length of current and previous address.

Unlawful Inquiries / Not Recommended

  • Specific questions about foreign addresses which would indicate national origin.

Age

Lawful Inquiries

  • Languages applicant reads, speaks, or writes fluently, if use of a language other than English is relevant to the job for which applicant is applying.
  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Applicant’s nationality, lineage, ancestry, national origin, descent, or parentage.
  • Nationality of applicant’s parents or spouse; maiden name of applicant’s wife or mother.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.

Ancestry or national origin

Lawful Inquiries

  • Languages applicant reads, speaks, or writes fluently, if use of a language other than English is relevant to the job for which applicant is applying.
  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Applicant’s nationality, lineage, ancestry, national origin, descent, or parentage.
  • Nationality of applicant’s parents or spouse; maiden name of applicant’s wife or mother.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.

Arrest and court record

Lawful Inquiries

  • Unless otherwise permitted by law, Hawaii employers may investigate a job applicant’s criminal record only after the employer makes a conditional offer to hire the applicant. The job offer can be withdrawn if a conviction (not arrest) within the last 7 years for felonies and 5 years for misdemeanors bears a rational relationship to the duties and responsibilities of the position.

Unlawful Inquiries / Not Recommended

  • Inquiries into an applicant’s arrest or conviction record prior to a conditional job offer, unless expressly permitted by law.

Birthplace or citizenship

Lawful Inquiries

  • Written or verbal statements noting that proof of legal right to work in the U.S. will be required after being hired.

Unlawful Inquiries / Not Recommended

  • Whether applicant, their parents, or spouse are naturalized or native-born U.S. citizens.
  • Birthplace of applicant, their parents, spouse, or other relatives.
  • Asking for the date when applicant, parents, or spouse acquired US citizenship.
  • Requirement that applicant submit proof of birth documents or naturalization papers.

Disability status

Lawful Inquiries

  • “Are you able to perform the essential functions of this job with or without reasonable accommodation?”
  • Requiring a physical examination after the job offer is made (as long as it is a requirement for all employees and/or a BFOQ).

Unlawful Inquiries / Not Recommended

  • Whether applicant has any physical or mental disability and/or a history of one.
  • Questions such as: “Have you ever collected worker’s compensation or temporary disability insurance for a previous illness or injury?”
  • Questions regarding applicant’s general state of health or medical condition.

Education

Lawful Inquiries

  • Applicant’s academic, vocational, or professional education; schools attended.

Unlawful Inquiries / Not Recommended

  • Asking specifically the nationality, racial, or religious affiliation of a school.
  • Dates of attendance and/or graduation from school.

Marital status

Lawful Inquiries

  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Whether applicant is single, married, divorced, widowed, separated, etc.
  • Mr., Mrs., Miss, or Ms.
  • Names or ages of spouse and/or children; provisions for child care.
  • Spouse’s place of employment.

Miscellaneous

Lawful Inquiries

  • Notice to applicants that any misstatement or omission of material facts in the application may be cause for dismissal.

Unlawful Inquiries / Not Recommended

  • Requiring an applicant to submit a resume containing answers to unlawful inquiries.

Notice in case of emergency

Lawful Inquiries

  • Name and contact number of person to be notified in case of emergency.

Unlawful Inquiries / Not Recommended

  • The name and contact number of relative to be notified in case of emergency.

Organizations or activities

Lawful Inquiries

  • Membership in job-related clubs, organizations, churches, and schools. What offices/positions held, if any.

Unlawful Inquiries / Not Recommended

  • The names of all clubs, organizations, churches, and schools to which the applicant belongs.

Photograph

Lawful Inquiries

  • Only if required as a BFOQ (e.g., model).
  • May be required for identification after hiring.

Unlawful Inquiries / Not Recommended

  • Cannot be requested before hiring unless required as a BFOQ.

Race or color

Lawful Inquiries

  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Applicant’s race.
  • Color of applicant’s skin, eyes, hair, etc., or other questions directly or indirectly indicating race or color.
  • Applicant’s height.

References

Lawful Inquiries

  • Statements such as: “Who referred you to our company for this position?”
  • Names of persons willing to provide professional and/or character references for applicant.

Unlawful Inquiries / Not Recommended

  • Requiring the submission of a religious reference.
  • Asking reference questions that elicit information specifying applicant’s race, color, religion, ancestry, age, marital status, national origin, or sexual orientation.

Religion

Lawful Inquiries

  • An applicant may be advised concerning normal hours and days of work.
  • Example: “Apart from absences for religious observances, will you be available for work at the following times?”
  • After a position is offered, inquiring into the need for a reasonable religious accommodation is appropriate.

Unlawful Inquiries / Not Recommended

  • Applicant’s religious denomination or affiliation, church, parish, pastor, or religious holidays observed.*
  • Any inquiry to indicate or identify religious customs or holidays observed.
  • Discussing company’s religious affiliation.*
  • Telling applicant that employees are required to work on religious holidays which are observed as days of complete prayer by members of their specific faith.

    *unless employer is exempt under HRS 378-3(5)

Salary history

Lawful Inquiries

  • An applicant’s compensation expectations for the position.

Unlawful Inquiries / Not Recommended

  • Any inquiry about an applicant’s current or prior compensation including wages or benefits.

Sex

Lawful Inquiries

  • Only if required as a BFOQ

Unlawful Inquiries / Not Recommended

  • Sex of the applicant.
  • Applicant’s weight or height (unless it is a BFOQ).
  • Mr., Mrs., Miss, or Ms.
  • Inquiries regarding pregnancy or related topics.

Sexual orientation

Lawful Inquiries

  • None

Unlawful Inquiries / Not Recommended

  • Whether an applicant has a preference for heterosexual, homosexual, or bisexual partners/relationships.

Need help finding great employees?

Your workforce is always changing; people take vacations, call in sick, or leave unexpectedly. That’s where we come in. Since 1969, we’ve been helping Hawai’i businesses tap into a large pool of pre-screened, pre-qualified talent.

Sign up for our newsletter

Sign up for our monthly HIVE newsletter and get tips for finding a job, managing a business and advancing your career right in your inbox.

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Job interviews aren’t just stressful for jobseekers. Employers, too, have to be mindful of what they say. Asking the wrong interview questions can result in a bad hire or worse yet, put a company at risk for potential claims of discrimination. In fact, a poll commissioned by CareerBuilder found that 1 in 5 hiring managers have unknowingly asked illegal interview questions.

Even common, seemingly innocent questions in Hawaii like “What school you went? What year you grad?” could expose your company to claims of discrimination. Why? Because knowing when a job applicant graduated high school gives you a pretty good idea of how old that person is, and state and federal law prohibit employers from making hiring decisions based on age.

In addition, the Equal Employment Opportunity Commission (EEOC) prohibits discrimination based on other protected classes like disability, genetic information, national origin, pregnancy, race/color, religion, and sex (including gender identity and sexual orientation). Any interview questions employers ask that touch on those issues could be unlawful.

To help break it all down, the table below has been updated to reflect the latest Hawai’i employment laws. It provides the types of questions related to protected classes that an employer can and cannot ask an applicant.

Subject Lawful Inquiries Unlawful Inquiries / Not Recommended
Address or duration of residence
  • Applicant’s address.
  • Place and length of current and previous address.
  • Specific questions about foreign addresses which would indicate national origin.
Age
  • If applicant is a minor, require proof of age in form of a work permit or a certificate of age.
  • After being hired, require proof of age (if age is a legal requirement) or if the inquiry serves legitimate record-keeping purpose.
  • Only if required as a BFOQ.
  • Requirement that applicant state age or date of birth.
  • Requirement that applicant produce proof of age in the form of a birth certificate or baptismal record.
  • Dates of attendance or completion of elementary, high school, or college.
  • Phrases such as: “young”, “college student”, “girl”, “boy”, “recent college graduate”, “retired person”, or “supplement your pension”.
Ancestry or national origin
  • Languages applicant reads, speaks, or writes fluently, if use of a language other than English is relevant to the job for which applicant is applying.
  • Only if required as a BFOQ.
  • Applicant’s nationality, lineage, ancestry, national origin, descent, or parentage.
  • Nationality of applicant’s parents or spouse; maiden name of applicant’s wife or mother.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.
Arrest and court record
  • Unless otherwise permitted by law, Hawaii employers may investigate a job applicant’s criminal record only after the employer makes a conditional offer to hire the applicant. The job offer can be withdrawn if a conviction (not arrest) within the last 7 years for felonies and 5 years for misdemeanors bears a rational relationship to the duties and responsibilities of the position.
  • Inquiries into an applicant’s arrest or conviction record prior to a conditional job offer, unless expressly permitted by law.
Birthplace or citizenship
  • Written or verbal statements noting that proof of legal right to work in the U.S. will be required after being hired.
  • Whether applicant, their parents, or spouse are naturalized or native-born U.S. citizens.
  • Birthplace of applicant, their parents, spouse, or other relatives.
  • Asking for the date when applicant, parents, or spouse acquired US citizenship.
  • Requirement that applicant submit proof of birth documents or naturalization papers.
Disability status
  • “Are you able to perform the essential functions of this job with or without reasonable accommodation?”
  • Requiring a physical examination after the job offer is made (as long as it is a requirement for all employees and/or a BFOQ).
  • Whether applicant has any physical or mental disability and/or a history of one.
  • Questions such as: “Have you ever collected worker’s compensation or temporary disability insurance for a previous illness or injury?”
  • Questions regarding applicant’s general state of health or medical condition.
Education
  • Applicant’s academic, vocational, or professional education; schools attended.
  • Asking specifically the nationality, racial, or religious affiliation of a school.
  • Dates of attendance and/or graduation from school.
Marital status
  • Only if required as a BFOQ.
  • Whether applicant is single, married, divorced, widowed, separated, etc.
  • Mr., Mrs., Miss, or Ms.
  • Names or ages of spouse and/or children; provisions for child care.
  • Spouse’s place of employment.
Miscellaneous
  • Notice to applicants that any misstatement or omission of material facts in the application may be cause for dismissal.
  • Requiring an applicant to submit a resume containing answers to unlawful inquiries.
Notice in case of emergency
  • Name and contact number of person to be notified in case of emergency.
  • The name and contact number of relative to be notified in case of emergency.
Organizations or activities
  • Membership in job-related clubs, organizations, churches, and schools. What offices/positions held, if any.
  • The names of all clubs, organizations, churches, and schools to which the applicant belongs.
Photograph
  • Only if required as a BFOQ (e.g., model).
  • May be required for identification after hiring.
  • Cannot be requested before hiring unless required as a BFOQ.
Race or color
  • Only if required as a BFOQ.
  • Applicant’s race.
  • Color of applicant’s skin, eyes, hair, etc., or other questions directly or indirectly indicating race or color.
  • Applicant’s height.
References
  • Statements such as: “Who referred you to our company for this position?”
  • Names of persons willing to provide professional and/or character references for applicant.
  • Requiring the submission of a religious reference.
  • Asking reference questions that elicit information specifying applicant’s race, color, religion, ancestry, age, marital status, national origin, or sexual orientation.
Religion
  • An applicant may be advised concerning normal hours and days of work.
  • Example: “Apart from absences for religious observances, will you be available for work at the following times?”
  • After a position is offered, inquiring into the need for a reasonable religious accommodation is appropriate.
  • Applicant’s religious denomination or affiliation, church, parish, pastor, or religious holidays observed.*
  • Any inquiry to indicate or identify religious customs or holidays observed.
  • Discussing company’s religious affiliation.*
  • Telling applicant that employees are required to work on religious holidays which are observed as days of complete prayer by members of their specific faith.

*unless employer is exempt under HRS 378-3(5)
Salary history
  • An applicant’s compensation expectations for the position.
  • Any inquiry about an applicant’s current or prior compensation including wages or benefits.
Sex
  • Only if required as a BFOQ
  • Sex of the applicant.
  • Applicant’s weight or height (unless it is a BFOQ).
  • Mr., Mrs., Miss, or Ms.
  • Inquiries regarding pregnancy or related topics.
Sexual orientation
  • None
  • Whether an applicant has a preference for heterosexual, homosexual, or bisexual partners/relationships.

Job interviews aren’t just stressful for jobseekers. Employers, too, have to be mindful of what they say. Asking the wrong interview questions can result in a bad hire or worse yet, put a company at risk for potential claims of discrimination. In fact, a poll commissioned by CareerBuilder found that 1 in 5 hiring managers have unknowingly asked illegal interview questions.

Even common, seemingly innocent questions in Hawaii like “What school you went? What year you grad?” could expose your company to claims of discrimination. Why? Because knowing when a job applicant graduated high school gives you a pretty good idea of how old that person is, and state and federal law prohibit employers from making hiring decisions based on age.

In addition, the Equal Employment Opportunity Commission (EEOC) prohibits discrimination based on other protected classes like disability, genetic information, national origin, pregnancy, race/color, religion, and sex (including gender identity and sexual orientation). Any interview questions employers ask that touch on those issues could be unlawful.

To help break it all down, the table below has been updated to reflect the latest Hawai’i employment laws. It provides the types of questions related to protected classes that an employer can and cannot ask an applicant.

Address or duration of residence

Lawful Inquiries

  • Applicant’s address.
  • Place and length of current and previous address.

Unlawful Inquiries / Not Recommended

  • Specific questions about foreign addresses which would indicate national origin.

Age

Lawful Inquiries

  • Languages applicant reads, speaks, or writes fluently, if use of a language other than English is relevant to the job for which applicant is applying.
  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Applicant’s nationality, lineage, ancestry, national origin, descent, or parentage.
  • Nationality of applicant’s parents or spouse; maiden name of applicant’s wife or mother.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.

Ancestry or national origin

Lawful Inquiries

  • Languages applicant reads, speaks, or writes fluently, if use of a language other than English is relevant to the job for which applicant is applying.
  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Applicant’s nationality, lineage, ancestry, national origin, descent, or parentage.
  • Nationality of applicant’s parents or spouse; maiden name of applicant’s wife or mother.
  • Language commonly used by applicant.
  • How applicant acquired ability to read, write, or speak a foreign language.

Arrest and court record

Lawful Inquiries

  • Unless otherwise permitted by law, Hawaii employers may investigate a job applicant’s criminal record only after the employer makes a conditional offer to hire the applicant. The job offer can be withdrawn if a conviction (not arrest) within the last 7 years for felonies and 5 years for misdemeanors bears a rational relationship to the duties and responsibilities of the position.

Unlawful Inquiries / Not Recommended

  • Inquiries into an applicant’s arrest or conviction record prior to a conditional job offer, unless expressly permitted by law.

Birthplace or citizenship

Lawful Inquiries

  • Written or verbal statements noting that proof of legal right to work in the U.S. will be required after being hired.

Unlawful Inquiries / Not Recommended

  • Whether applicant, their parents, or spouse are naturalized or native-born U.S. citizens.
  • Birthplace of applicant, their parents, spouse, or other relatives.
  • Asking for the date when applicant, parents, or spouse acquired US citizenship.
  • Requirement that applicant submit proof of birth documents or naturalization papers.

Disability status

Lawful Inquiries

  • “Are you able to perform the essential functions of this job with or without reasonable accommodation?”
  • Requiring a physical examination after the job offer is made (as long as it is a requirement for all employees and/or a BFOQ).

Unlawful Inquiries / Not Recommended

  • Whether applicant has any physical or mental disability and/or a history of one.
  • Questions such as: “Have you ever collected worker’s compensation or temporary disability insurance for a previous illness or injury?”
  • Questions regarding applicant’s general state of health or medical condition.

Education

Lawful Inquiries

  • Applicant’s academic, vocational, or professional education; schools attended.

Unlawful Inquiries / Not Recommended

  • Asking specifically the nationality, racial, or religious affiliation of a school.
  • Dates of attendance and/or graduation from school.

Marital status

Lawful Inquiries

  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Whether applicant is single, married, divorced, widowed, separated, etc.
  • Mr., Mrs., Miss, or Ms.
  • Names or ages of spouse and/or children; provisions for child care.
  • Spouse’s place of employment.

Miscellaneous

Lawful Inquiries

  • Notice to applicants that any misstatement or omission of material facts in the application may be cause for dismissal.

Unlawful Inquiries / Not Recommended

  • Requiring an applicant to submit a resume containing answers to unlawful inquiries.

Notice in case of emergency

Lawful Inquiries

  • Name and contact number of person to be notified in case of emergency.

Unlawful Inquiries / Not Recommended

  • The name and contact number of relative to be notified in case of emergency.

Organizations or activities

Lawful Inquiries

  • Membership in job-related clubs, organizations, churches, and schools. What offices/positions held, if any.

Unlawful Inquiries / Not Recommended

  • The names of all clubs, organizations, churches, and schools to which the applicant belongs.

Photograph

Lawful Inquiries

  • Only if required as a BFOQ (e.g., model).
  • May be required for identification after hiring.

Unlawful Inquiries / Not Recommended

  • Cannot be requested before hiring unless required as a BFOQ.

Race or color

Lawful Inquiries

  • Only if required as a BFOQ.

Unlawful Inquiries / Not Recommended

  • Applicant’s race.
  • Color of applicant’s skin, eyes, hair, etc., or other questions directly or indirectly indicating race or color.
  • Applicant’s height.

References

Lawful Inquiries

  • Statements such as: “Who referred you to our company for this position?”
  • Names of persons willing to provide professional and/or character references for applicant.

Unlawful Inquiries / Not Recommended

  • Requiring the submission of a religious reference.
  • Asking reference questions that elicit information specifying applicant’s race, color, religion, ancestry, age, marital status, national origin, or sexual orientation.

Religion

Lawful Inquiries

  • An applicant may be advised concerning normal hours and days of work.
  • Example: “Apart from absences for religious observances, will you be available for work at the following times?”
  • After a position is offered, inquiring into the need for a reasonable religious accommodation is appropriate.

Unlawful Inquiries / Not Recommended

  • Applicant’s religious denomination or affiliation, church, parish, pastor, or religious holidays observed.*
  • Any inquiry to indicate or identify religious customs or holidays observed.
  • Discussing company’s religious affiliation.*
  • Telling applicant that employees are required to work on religious holidays which are observed as days of complete prayer by members of their specific faith.

    *unless employer is exempt under HRS 378-3(5)

Salary history

Lawful Inquiries

  • An applicant’s compensation expectations for the position.

Unlawful Inquiries / Not Recommended

  • Any inquiry about an applicant’s current or prior compensation including wages or benefits.

Sex

Lawful Inquiries

  • Only if required as a BFOQ

Unlawful Inquiries / Not Recommended

  • Sex of the applicant.
  • Applicant’s weight or height (unless it is a BFOQ).
  • Mr., Mrs., Miss, or Ms.
  • Inquiries regarding pregnancy or related topics.

Sexual orientation

Lawful Inquiries

  • None

Unlawful Inquiries / Not Recommended

  • Whether an applicant has a preference for heterosexual, homosexual, or bisexual partners/relationships.

Need help finding great employees?

Your workforce is always changing; people take vacations, call in sick, or leave unexpectedly. That’s where we come in. Since 1969, we’ve been helping Hawai’i businesses tap into a large pool of pre-screened, pre-qualified talent.

Sign up for our newsletter

Sign up for our monthly HIVE newsletter and get tips for finding a job, managing a business and advancing your career right in your inbox.

* indicates required