Hawaii Seal Hawaii Revised Statutes

Chapter 368

Civil Rights Commission

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

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).