CHAPTER 368

CIVIL RIGHTS COMMISSION

        Part I.  General Provisions

Section

    368-1 Purpose and intent

  368-1.5 Programs and activities receiving state financial

          assistance

    368-2 Civil rights commission established

    368-3 Powers and functions of commission

    368-4 Records; confidentiality; disclosure; reporting

          requirements

    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

Note

  L 2022, c 310, §3 provides:

  "SECTION 3.  The Hawaii public housing authority and the Hawaii civil rights commission shall produce and make available informational materials for the purpose of providing notice of specific rights and obligations pursuant to this Act and widely publicize the prohibition against discrimination based on source of income."

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).