Can an employer refuse to hire an applicant based on his or her age?

In Hawaii, employers are not allowed to refuse to hire a job applicant based solely on their age. The Hawaii Age Discrimination in Employment Act protects workers and job applicants over 40 years of age from discrimination in the workplace based on their age. This law ensures employers are hiring based on an applicant’s qualifications and abilities, not on their age. If an employer discovers an applicant’s age during the hiring process, they must keep it confidential. This also applies to information obtained during the interviewing process. Discrimination against an applicant based on their age can result in penalties, such as fines and court-ordered damages. Employers are allowed to make decisions based on an applicant’s age, but only if the decision is necessary for the employer’s business operations. Employers may be able to refuse to hire applicants based on their age if they have bona fide occupational qualifications, such as an applicant needing to be of a certain age in order to perform the duties of the job. In summary, employers in Hawaii cannot deny an applicant a job solely based on their age. An applicant’s age must be kept private while the hiring process is underway. An employer can make decisions based on age if it is necessary for the job, but it must be related to the duties of the position.

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