Hawaii State Employment Laws
The state of Hawaii has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Ban the Box: Use of criminal record only after a conditional offer of employment | Employers may inquire about an individual’s “conviction record” within the past 10 years, excluding any period of incarceration. This restriction includes public employers - such as the state. See the statute here for more information. Notable Exceptions: 18 Exceptions: (1) State branches, political subdivisions, or agencies per §78-2.7 and 831-3.1; (2) Dept of Education per §302A-601.5; (3) Dept of Health with respect to employees, providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services per §321-171.5; (4) Judiciary per §571-34; (5) Counties per §846-2.7; (6) Armed security services per §261-17(b); (7) Providers of a developmental disabilities domiciliary home per §333F-22; (8) Private schools per §302C-1 and F378-3(8); (9) Financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution per §378-3(9); (10) Detective & security guard agencies per §463-6(b) and 463-8(b); (11) Employers in the insurance business per §431:2-201.3; (12) Employers of individuals or supervisors of individuals responsible for screening passengers or property under 49 U.S.C. §44901 or individuals with unescorted access to an aircraft of an air carrier or foreign carrier or in a secured area of an airport in the U.S. per 49 U.S.C. §44936(a); (13) The Dept of Human Services per §346-97 and 352-5.5; (14) The public library system per §302A-601.5; (15) The Dept of Public Safety per §353C-5; (16) The board of directors of a cooperative housing corporation or the manager of a cooperative housing project per §421I-12; (17) The board of directors of an association of owners under chapter 514A or 514B, or the manager of a condominium project per §514A-82.1 or 514B-133; (18) The Dept of Health per §321-15.2; and (19) COUNTIES: employees in close proximity to children in recreation, child care and child services or work with children; work with vulnerable adults or senior citizens; emergency medical services; fire department employees who have contact with children or vulnerable adults; employees who handle or use firearms. |
| Prohibits salary history inquiry during the hiring process | Employers are prohibited from inquiring about an applicant's past salary, per Hawaii Revised Stat.§378. |
| Ban-the-Box: State Public Employees | A public employer may only order a credit report after an offer of employment has been made, but only certain circumstances. See the statute here for more information. |
| Ban-the-Box: State Public Employees | A Public Employer may inquire about an individual’s “conviction record” within the past 10 years, excluding any period of incarceration. This restriction includes public employers - such as the state. See the statute here for more information. Notable Exceptions: 18 Exceptions: (1) State branches, political subdivisions, or agencies per §78-2.7 and 831-3.1; (2) Dept of Education per §302A-601.5; (3) Dept of Health with respect to employees, providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services per §321-171.5; (4) Judiciary per §571-34; (5) Counties per §846-2.7; (6) Armed security services per §261-17(b); (7) Providers of a developmental disabilities domiciliary home per §333F-22; (8) Private schools per §302C-1 and F378-3(8); (9) Financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution per §378-3(9); (10) Detective & security guard agencies per §463-6(b) and 463-8(b); (11) Employers in the insurance business per §431:2-201.3; (12) Employers of individuals or supervisors of individuals responsible for screening passengers or property under 49 U.S.C. §44901 or individuals with unescorted access to an aircraft of an air carrier or foreign carrier or in a secured area of an airport in the U.S. per 49 U.S.C. §44936(a); (13) The Dept of Human Services per §346-97 and 352-5.5; (14) The public library system per §302A-601.5; (15) The Dept of Public Safety per §353C-5; (16) The board of directors of a cooperative housing corporation or the manager of a cooperative housing project per §421I-12; (17) The board of directors of an association of owners under chapter 514A or 514B, or the manager of a condominium project per §514A-82.1 or 514B-133; and (18) The Dept of Health per §321-15.2. |
| Use of Credit Report | An employer may only order a credit report after an offer of employment has been made, but only certain circumstances. See the statute here for more information. |
