HOUSE OF REPRESENTATIVES

H.B. NO.

683

TWENTY-EIGHTH LEGISLATURE, 2015

H.D. 1

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 to read as follows:

"368-13 Investigation and conciliation of complaint. (a) After the filing of a complaint, or whenever it appears to the commission that an unlawful discriminatory practice may have been committed, the commission's executive director shall make an investigation in connection therewith. At any time after the filing of a complaint but prior to the issuance of a determination as to whether there is or is not reasonable cause to believe that part I of chapter 489, chapter 515, part I of chapter 378, or this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.

(b) The executive director shall issue a determination of whether [or not] there is reasonable cause to believe that an unlawful discriminatory practice has occurred within [one-hundred and] one hundred eighty days from the date of filing a complaint unless the commission grants an extension of time to issue a determination.

(c) If the executive director makes a determination that there is no reasonable cause to believe that an unlawful discriminatory practice has occurred in a complaint filed, the executive director shall promptly notify the parties in writing. The notice to complainant shall indicate also that the complainant may bring a civil action as provided under section 368-12.

(d) When the executive director determines after the investigation that there is reasonable cause to believe that an unlawful discriminatory practice within the commission's jurisdiction has been committed, the executive director shall immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion.

(e) [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] one hundred eighty days of the filing of the complaint, unless the commission has granted an extension of time, the executive director [shall demand], in the executive director's discretion, may:

(1) 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 section 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.

(f) Notwithstanding subsection (e) to the contrary, for complaints alleging violations of both chapter 515 and the federal Fair Housing Act, Title VIII of Public Law 90-284 (42 United States Code 3601, et seq.), as amended, 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 eighty days of the filing of the complaint, unless the commission has granted an extension of time, the executive director shall demand that the respondent cease the unlawful discriminatory practice.

The executive director's determination that a final conciliation demand is to be made shall be subject to reconsideration by the commission on the commission's 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 carry out the purpose of this chapter, and include a requirement for reporting on the manner of compliance."

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.



 

Report Title:

Hawaii Civil Rights Commission; Investigation and Conciliation of Complaint

 

Description:

Authorizes the Civil Rights Commission 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. Amends the Executive Director's authority with respect to fair housing to comply with the federal Fair Housing Act. (HB683 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.