§378-3  Exceptions.  Nothing in this
part shall be deemed to:



(1)  Repeal or affect any law, ordinance, or
government rule having the force and effect of law;



(2)  Prohibit or prevent the establishment and
maintenance of bona fide occupational qualifications reasonably necessary to
the normal operation of a particular business or enterprise, and that have a
substantial relationship to the functions and responsibilities of prospective
or continued employment;



(3)  Prohibit or prevent an employer, employment
agency, or labor organization from refusing to hire, refer, or discharge any
individual for reasons relating to the ability of the individual to perform the
work in question;



(4)  Affect the operation of the terms or conditions
of any bona fide retirement, pension, employee benefit, or insurance plan that
is not intended to evade the purpose of this chapter; provided that this
exception shall not be construed to permit any employee plan to set a maximum
age requirement for hiring or a mandatory retirement age;



(5)  Prohibit or prevent any religious or
denominational institution or organization, or any organization operated for
charitable or educational purposes, that is operated, supervised, or controlled
by or in connection with a religious organization, from giving preference to
individuals of the same religion or denomination or from making a selection
calculated to promote the religious principles for which the organization is
established or maintained;



(6)  Conflict with or affect the application of security
regulations or rules in employment established by the United States or the
State;



(7)  Require the employer to execute unreasonable
structural changes or expensive equipment alterations to accommodate the
employment of a person with a disability;



(8)  Prohibit or prevent the department of education
or private schools from considering criminal convictions in determining whether
a prospective employee is suited to working in close proximity to children;



(9)  Prohibit or prevent any financial institution in
which deposits are insured by a federal agency having jurisdiction over the
financial institution from denying employment to or discharging from employment
any person who has been convicted of any criminal offense involving dishonesty
or a breach of trust, unless it has the prior written consent of the federal
agency having jurisdiction over the financial institution to hire or retain the
person;



(10)  Preclude any employee from bringing a civil
action for sexual harassment or sexual assault and infliction of emotional
distress or invasion of privacy related thereto; provided that notwithstanding
section 368-12, the commission shall issue a right to sue on a complaint filed
with the commission if it determines that a civil action alleging similar facts
has been filed in circuit court; or



(11)  Require the employer to accommodate the needs of
a nondisabled person associated with or related to a person with a disability
in any way not required by Title I of the Americans with Disabilities Act. [L
1981, c 94, pt of §2; am L 1984, c 85, §4; am L 1985, c 162, §1; am L 1990, c
257, §3 and c 262, §2; am L 1992, c 33, §3 and c 275, §1; am L 1994, c 88, §2;
am L 1997, c 365, §§2, 4; am L 1998, c 175, §2]



 



Attorney General Opinions



 



  Prohibits board of regents from adopting a mandatory
retirement policy.  Att. Gen. Op. 84-6.



 



Law Journals and Reviews



 



  Sexual Harassment in the Workplace:  Remedies Available to
Victims in Hawai`i.  15 UH L. Rev. 453.



 



Case Notes



 



  Where employer’s decision to discharge pregnant employee and
subsequent refusal to reinstate employee was unrelated to employee’s ability to
perform the job, bona fide occupational qualification defense under paragraph
(2) was inapplicable to employer.  89 H. 269, 971 P.2d 1104.



  Mentioned:  800 F. Supp. 882.