FAQ’S
Frequently Asked Questions (FAQs)*
Q: What does the Hawai`i Civil Rights Commission do?
Q: What are the protected bases under Hawai`i laws prohibiting discrimination?
Q: I believe I was discriminated against, what is the first step?
Q: Are there any deadlines I should be aware of?
Q: After I file a complaint of discrimination with your office, what should I expect?
Q: Are things kept confidential during the investigation stage?
Q: What is the administrative hearings process?
Q: Do I need an attorney for this process and/or does the HCRC provide attorneys?
Q: I’m not sure if I am being discriminated against, where can I look for more information?
Q: What does the Hawaiʻi Civil Rights Commission (HCRC) do?
A: The HCRC enforces state laws prohibiting discrimination in employment, housing (real estate transactions), public accommodations (e.g. stores and businesses), and state programs and state-funded services. The enforcement section, headed by the Executive Director, receives, investigates, and when appropriate, prosecutes complaints of discrimination filed with our office.
Q: What are the protected bases under Hawaiʻi laws prohibiting discrimination?
In Employment, you have the right to not be unlawfully discriminated against based on: Race, Sex (including Gender Identity or Gender Expression), Sexual Orientation, Pregnancy and Pregnancy-related Medical Conditions, Age, Religion, Color, Ancestry, Disability, Domestic Violence or Sexual Violence Victim Status, Marital Status, Arrest and Court Record, Reproductive Health Decisions, Breastfeeding, Credit History, National Guard Participation, and Retaliation. Hawaiʻi Revised Statutes § 378, Part I.
In Real Estate Transactions (Housing), you have the right to not be unlawfully discriminated against based on: Race, Sex (including Gender Identity or Gender Expression), Sexual Orientation, Color, Religion, Marital Status, Familial Status (including hānai status), Ancestry, Disability, Age, HIV status, and retaliation. Hawaiʻi Revised Statutes § 515.
In Public Accommodations, where goods or services are offered to members of the general public as customers, visitors, or clients, you have the right to not be unlawfully discriminated against based on: Race, Color, Ancestry, Sex (including Gender Identity or Gender Expression), Religion, Sexual Orientation, Disability, and Retaliation. Hawaiʻi Revised Statutes § 489.
In accessing State Programs and State-funded Activities, you have the right to not be unlawfully discriminated against based on your disability. Hawaiʻi Revised Statutes § 368-1.5 applies to state programs and activities that receive state funds, but do not receive federal funds.
Q: I believe I was discriminated against, what is the first step?
A: You can fill out a Pre-Complaint Questionnaire (PCQ) form and return it to us to start the process. Once we receive your PCQ, an intake investigator will review your form and contact you for an interview. If we are able to help you with your claims, the intake investigator will help you file a complaint with our office.
If you need help filling out the PCQ form or if you have any questions, you may visit us in person at our office, call us at (808) 586-8636, or email us at [email protected].
Q: Are there any deadlines I should be aware of?
A: Complaints must be filed with the HCRC within 180 days from the date the discriminatory action took place, or from the last incident of discrimination in a pattern of an ongoing discriminatory practice. We encourage you to contact the HCRC office immediately if you have any questions about whether your claim would fall within the 180-day deadline. We also encourage you to submit any PCQ as soon as possible and not wait until the 180-day deadline approaches.
Q: I already filed a complaint with the EEOC on the same underlying facts of discrimination, can I file with your office?
A: The U.S. Equal Employment Opportunity Commission (EEOC) enforces the federal laws prohibiting discrimination in employment and the HCRC enforces the state laws prohibiting discrimination. The HCRC has a workshare agreement with the EEOC, and employment cases that are filed with the EEOC are dual-filed with the HCRC if the protected category is protected at both the state and federal level. Additionally, the time limit for filing a case with the EEOC is extended beyond the 180-day deadline for cases that are protected by both state and federal laws. If you are unsure if you filed a complaint with the EEOC, or if you have any questions about the extension of time to file a case with the EEOC, please contact the HCRC or EEOC directly. The EEOC’s Honolulu Local Office phone is: (808) 800-2350, ASL video phone: (844) 234-5122.
Q: After I file a complaint of discrimination with your office, what should I expect next?
A: Once you file a complaint with our office, an investigator from the enforcement section will be assigned. This investigator will conduct an objective investigation into the allegations of discrimination by gathering evidence, interviewing witnesses, and conducting site visits, if necessary. Evidence is gathered from both the person who filed the complaint (the “complainant”) and the person or organization the complaint is filed against (the “respondent”).
At any time after the complaint is filed, the parties may agree to resolve the complaint though a predetermination settlement agreement. Mediation may also be an option. The complainant may also request to withdraw their case from our office to seek a right to sue in circuit court, which will end our administrative process.
After the investigation is complete, the Executive Director will either find (1) insufficient evidence to support a finding of discrimination; or (2) reasonable cause to believe that discrimination occurred. If insufficient evidence is determined, the Executive Director will issue the complainant a Right to Sue in state court. If reasonable cause is determined, HCRC attorneys will attempt to conciliate the case or will litigate the complaint.
The investigation stage may take a while, so please keep our office updated if your address or telephone number changes.
Q: Are things kept confidential during the investigation stage?
A: During the investigation, the HCRC investigators will use discretion as much as possible, however, gathering relevant information often requires the identification of party names, witnesses, and details of the alleged discriminatory action. In certain circumstances, such as in the cases of minors, or witnesses that may have a reasonable and clearly definable fear of suffering serious bodily or economic harm, retaliation, etc., identities may be kept confidential. Hawaiʻi Revised Statutes § 368-4(c). The HCRC will not release your name or details of your complaint to third parties wholly unrelated to your complaint of discrimination during the investigation.
It is UNLAWFUL to retaliate against someone for filing a complaint with the HCRC or participating as a witness in the HCRC process. Retaliation is against the law and may result in a separate complaint of unlawful discriminatory practices if it occurs.
HCRC records relating to the investigation of filed complaints of discrimination are not government records releasable under the State’s Uniform Information Practices Act (UIPA). See Hawaiʻi Revised Statutes § 92F-13(4) and Hawaiʻi Revised Statutes § 368-4. See also OIP Op. Ltr. No. 91-22 at 11 (confirming that HRS § 368-4 controls the disclosure of investigatory files of filed complaints at the HCRC and such records are not subject to disclosure generally). Parties to complaints of discrimination may request copies of their closed case files, if they have an unexpired right to sue in circuit court or if a civil action has been filed, pursuant to Hawaiʻi Revised Statutes § 368-4. For HCRC records not related to specific investigations, individuals may use OIP’s model form to request the record. If you have any questions about obtaining records, please give us a call (808) 586-8636 or email us at [email protected].
Q: What’s the administrative hearings process?
A: If, after the Executive Director finds reasonable cause to believe a discriminatory practice occurred and the HCRC attorneys are unable to settle the complaint, they will docket the case for an administrative hearing representing the Executive Director on behalf of the complaint filed.
The adjudications section of the HCRC holds administrative hearings in front of a hearings examiner and the Commission issues the final decisions and orders. The Commission is made up of five uncompensated volunteer commissioners appointed by the Governor with consent of the senate, based on their knowledge and experience in civil rights matters and commitment to preserving the civil rights of all individuals. Final decisions and orders by the Commission can be appealed to circuit court.
Q: Do I need an attorney for this process and/or does the HCRC provide attorneys?
A: You do not need an attorney during this process, but you may obtain one at any time, even during the investigative stage. Additionally, representatives for parties do not have to be attorneys. The HCRC does not provide attorneys to complainants, but we do have a list of attorneys in the community that specialize in employment law. If you would like a list of employment attorneys, please give us a call at (808) 586-8636 or contact your assigned HCRC investigator.
Q: I’m not sure if I’m being discriminated against, where can I look for more information?
A: You can give us a call at (808) 586-8636, and while we cannot give legal advice, we can generally describe the nondiscrimination laws in Hawaiʻi over which we have jurisdiction. Also, click on the “Publications” link on our website, which has videos and flyers on what your rights are in employment, public accommodations, housing, and state and state-funded services and programs. Call us at (808) 586-8636, or email us at [email protected] for more information.
*This FAQ page is a general summary of Hawai‘i’s anti-discrimination laws and our process. It does not have the force or effect of Hawaiʻi rules or statutes. If there are any inconsistencies, the administrative rules and Hawai‘i law will control. For more specific information about the administrative process and the state’s anti-discrimination laws, Hawai‘i Revised Statutes (HRS) and the Hawai‘i Administrative Rules (HAR) are available in any public library, from the HCRC, or online at https://labor.hawaii.gov/hcrc/find-a-law/. More information about federal laws protecting individuals’ rights can be found at: https://www.eeoc.gov/.
