§378-26.5 Unlawful practices. It shall be unlawful for any employer to:
(1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;
(2) Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;
(3) Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job;
(4) Subject a prospective employee to a lie detector test which includes inquiries deemed unlawful under section 378-2;
(5) Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or
(6) Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this part. [L 1985, c 241, pt of §1]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
378-1 to 378-10 REPEALED. §378-1 Definitions.
378-2 Discriminatory practices made unlawful; offenses defined.
378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
378-2.4 Employer inquiries into and consideration of salary or wage history.
378-2.5 Employer inquiries into conviction record.
378-2.7 Employer inquiries into and consideration of credit history or credit report.
378-4 Enforcement jurisdiction.
378-6 Inspection; investigation; records.
378-27.5 Enforcement jurisdiction; complaint against unlawful practice.
378-28 Power of department to prevent unlawful practice.
378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.
378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination.
378-33 Complaint against unlawful suspension, discharge, or discrimination.
378-34 Proceeding and hearing on complaint.
378-37 Enforcement of order; judgment rendered thereon.
378-51 Action against labor organization, limitation.
378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.
378-63 Civil actions for injunctive relief or damages.
378-64 Remedies ordered by court.
378-65 Penalties for violations
378-66 Collective bargaining and confidentiality rights, takes precedence.
378-67 Compensation for employee participation in investigation, hearing, or inquiry.
378-68 Notices of employee protections and obligations.
378-69 Conflict with common law, precedence.
378-70 Protected disclosure by a public employee.
378-72 Leave of absence for domestic or sexual violence.
378-73 Relationship to other leaves.
378-74 Effect on employment and collective bargaining agreements; benefits.
378-81 Reasonable accommodations.
378-92 Opportunity to express milk.