HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE HAWAII CIVIL RIGHTS COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 368-13, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
Where] When the
executive director has determined that there is reasonable cause to believe
that an unlawful discriminatory practice has occurred and has been unable to
secure from the respondent a conciliation agreement acceptable to the
commission within one-hundred and eighty days of the filing of the complaint
unless the commission has granted an extension of time, the executive director [ shall],
in the executive director's discretion, may:
demand] Demand that the
respondent cease the unlawful discriminatory practice[ .]; or
(2) Dismiss the complaint and issue a notice to the complainant indicating that the complainant may bring a civil action as provided under 368-12.
The executive director's determination that a final conciliation demand is to be made shall be subject to reconsideration by the commission on its own initiative but shall not be subject to judicial review. The executive director may demand appropriate affirmative action as, in the judgment of the executive director, will effectuate the purpose of this chapter, and include a requirement for reporting on the manner of compliance.
The executive director's determination that a complaint is to be dismissed and a notice of right to sue issued shall not be subject to reconsideration by the commission or judicial review."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Hawaii Civil Rights Commission; Investigation and Conciliation of Complaint
Authorizes the executive director to dismiss a discrimination complaint and issue a notice of right to sue after a determination of a reasonable cause of discrimination is made and conciliation fails.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.