Haw. Code R. § 12-27-28 - Conciliation agreement

(a) The terms of a successful conciliation shall be reduced to a written agreement, which shall be signed by the complainant, the employer, and the department; provided that, in the judgment of the department, the agreement provides full and fair relief to the complainant. A copy of the signed conciliation agreement shall be sent to the complainant and employer.

(b) Where the complainant has refused to accept a proposed conciliation agreement, the department and the employer may enter into a conciliation agreement to which the complainant is not a party if the agreement does not affect the complainant's rights and if, in the department's opinion, the agreement provides for:

(1) A just resolution of all violations found; and

(2) The elimination of the unlawful practice. In that event, the department shall close the case without the complainant's consent and shall issue a notice of right to sue in accordance with section 12-27-31.

(c) The department may refuse to approve a conciliation agreement, even though the complainant and employer have agreed on the proposed terms, if the department believes the remedies outlined in the agreement are inadequate to eliminate the unlawful practice complained of or fail to provide appropriate action. In that event, the case may be closed as having been settled on terms not approved by the department, and the department need not take any action to enforce the agreement if its terms are violated.

Notes

Haw. Code R. § 12-27-28

[Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS § 398-23)