Part I.  General Provisions


    368-1 Purpose and intent

  368-1.5 Programs and activities receiving state financial


    368-2 Civil rights commission established

    368-3 Powers and functions of commission

    368-4 Records; confidentiality; disclosure; reporting


    368-5 Penalties


        Part II.  Remedies

   368-11 Complaint against unlawful discrimination

   368-12 Notice of right to sue

   368-13 Investigation and conciliation of complaint

   368-14 Commission hearings

   368-15 Compliance review

   368-16 Appeals; de novo review; procedure

   368-17 Remedies


Cross References


  Motion picture theater accommodation, see §489-9.


Law Journals and Reviews


  Employee Rights Under Judicial Scrutiny:  Prevalent Policy Discourse and the Hawai‘i Supreme Court.  14 UH L. Rev. 189 (1992).

  Sexual Harassment in the Workplace:  Remedies Available to Victims in Hawai‘i.  15 UH L. Rev. 453 (1993).


Case Notes


  Section 368 [sic], which was quite similar to Americans with Disabilities Act (ADA), found to be the most "analogous" state statute regarding applicable limitations period for plaintiff's ADA claim; since statutory period of ninety days was appropriately "borrowed" and became part of plaintiff's ADA claim, and since plaintiff filed suit within this time period, plaintiff's claim was not time-barred under ADA limitations period; passenger ticket contract did not trump applicable state law and ADA limitations periods.  51 F. Supp. 2d 1057 (1999).

  Plaintiff's [chapters] 368 and 378 state law claims against the county were time-barred under §46-72, where plaintiff never provided the county written notice of plaintiff's claim.  504 F. Supp. 2d 969 (2007).

  Plaintiff's charges filed with the equal employment opportunity commission were deemed "dual-filed" with the Hawaii civil rights commission.  Plaintiff timely filed the charge for claims under chapter 378 based on plaintiff's termination within the 180-day time limitation.  907 F. Supp. 2d 1143 (2012).


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