Haw. Code R. § 12-46-5 - Filing of complaint

(a) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice may file a complaint.

(b) The commission's executive director may file a complaint whenever there is reason to believe that any person, employer, employment agency, or labor organization has engaged or is engaging in an unlawful discriminatory practice.

(c) The commission's executive director or the attorney general may file a complaint on behalf of a class where an unlawful discriminatory practice raises questions of law or fact which are common to the class and where a class action complaint is superior to other available methods for the fair and efficient adjudication of the controversy. A complaint so filed may be investigated, conciliated, and litigated on a class basis.

(d) Assistance in drafting and filing complaints is available to complainants at the commission's offices.

(e) The complaint shall be in writing and, where feasible, upon forms furnished by the commission's executive director. The complaint shall be signed.

(f) The original and two copies of the complaint shall be filed by personal delivery or by mail, addressed to the commission.

(g) When the complainant is unable to personally deliver or mail a timely complaint, the commission may receive a facsimile copy, if legible, of a complaint containing the information required by section 12-46-6. Notwithstanding the provisions of section 12-46-6(b), complaints are deemed filed on the date of receipt of the facsimile copy if the complainant complies with section 12-46-5(f) within seven days of the receipt of the facsimile. If the commission does not receive the original and two copies of the complaint within seven days, the filing date will be the date when the commission received them

Notes

Haw. Code R. § 12-46-5

[Eff 12/31/90; am 5/1/92; am 11/4/93] (Auth: HRS § 368-3) (Imp: HRS § 368-11)