What are Hawaii employment background check laws?

This overview of Hawaii’s background check laws and ban-the-box rules is regularly updated. However, laws undergo rapid changes, and we cannot ensure the current accuracy of all information. It is advisable to seek legal counsel from your attorney for precise legal guidance.

FCRA

BAN-THE-BOX

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Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) was established by the federal government to establish a benchmark for hiring policies. It serves to monitor and safeguard the interests of both employers and job applicants.

State Law

According to Hawaii Revised Statutes §378-2, discriminatory practices are prohibited, and offenses are defined within the statute.

Our interpretation: Employers in Hawaii are prohibited from making employment decisions based on an applicant’s credit information unless it is significantly related to the qualifications of the position.

[§378-2.7] Employer inquiries into and consideration of credit history or credit report.

Our take: Employers in Hawaii are permitted to inquire into and consider an applicant’s credit information only after extending a job offer to the applicant. However, if the applicant’s credit information is found to be significantly unrelated to the qualifications of the position, the job offer may be rescinded. Exceptions to the prohibition on rescinding job offers based on credit information include situations where: (1) employers are required or authorized by federal or state law to review an applicant’s credit information; (2) the position is managerial or supervisory in nature; or (3) the position is at a federally insured financial institution.

HI Revised Statutes §378-2.5 (a) (b) – Employer inquiries into conviction records

Our take: In Hawaii, employers are permitted to consider a job applicant’s criminal conviction records when making employment decisions, provided that the conviction record is reasonably related to the duties and responsibilities of the position. However, this consideration should be restricted to felony convictions within the past 7 years and misdemeanors within the past 5 years. Such information may only be taken into account after extending a conditional job offer. Exceptions to this requirement may apply based on the nature of the position being sought.

Ban-The-Box & Fair Hiring Laws

STATE LAWS — PUBLIC AND PRIVATE COMPANIES

Who Must Follow: This ban-the-box law applies to all employers in Hawaii.

Timing of inquiry: Employers in Hawaii may only inquire into criminal history after a conditional offer.

Consideration of records: Employers may only inquire into convictions (within 7 years for felonies and within 5 years for misdemeanors) and pending cases.

Adverse action implications: None