Preemployment Screening and Testing: Hawaii

Federal law and guidance on this subject should be reviewed together with this section.

Author: Anna Elento-Sneed, Alston Hunt Floyd & Ing

Summary

• Credit checks may only be performed in certain enumerated situations, and can only be done post-offer. See Conducting Credit Checks.
• Requests for information on arrest and conviction records may not be included in employment applications. Arrests alone may not be used to screen applicants. See Background Checks.
• Union hiring halls, employment agencies and individuals also must comply with Hawaii's equal employment opportunity laws. See Third-Party Screening of Applicants.
• Hawaii has a law that limits an employer's ability to access the personal online accounts of an applicant or prospective employee. See Social Media Screening.
• Drug and alcohol testing, unless governed by federal regulations, must comply with Hawaii's substance abuse testing law. See Drug and Alcohol Testing Programs.
• Hawaii has legalized medical marijuana use. However, employers may prohibit use in the workplace. See Drug and Alcohol Testing Programs.
• An employer may conduct post-offer medical testing. However, the employer must provide the examiner with a written job description and copies of any relevant regulations. See Medical Testing.
• Employers should be aware that Hawaii law does not allow for HIV/AIDS testing without prior written consent and has strict penalties for violators of confidentiality requirements. See AIDS Testing.