Hawaii Revised Statutes
378. Employment Practices
378-26.5 Unlawful practices.

§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

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

378. Employment Practices

378-1 to 378-10 REPEALED.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.

378-2.3 Equal pay; sex discrimination. (a) No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite se...

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.

378-3 Exceptions.

378-4 Enforcement jurisdiction.

378-5 Remedies.

378-6 Inspection; investigation; records.

378-7 to 378-9 REPEALED.

378-10 REPEALED.

378-21 and 378-22 REPEALED.

378-26 Definitions.

378-26.5 Unlawful practices.

378-27 Exception.

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.

378-29 Rules.

378-29.3 Penalties.

378-31 Definitions.

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.

378-35 Findings and order.

378-36 Judicial review.

378-37 Enforcement of order; judgment rendered thereon.

378-38 Rules and regulations.

378-51 Action against labor organization, limitation.

378-61 Definitions.

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.

378-71 Definitions.

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.

378-82 Civil actions.

378-91 Definitions.

378-92 Opportunity to express milk.

378-93 Civil actions for injunctive relief or damages.

378-101 Definitions.

378-102 Unlawful practices.

378-103 Exception.

378-104 Civil actions for injunctive relief or damages.