Haw. Code R. § 12-46-9 - Deferral of complaints filed with EEOC
(a) In accordance
with section 706(c) of Title VII, complaints received by the EEOC alleging
unlawful discriminatory practices concurrently regulated by Title VII and
chapter 378, HRS, are deferred to the commission for a sixty-day period during
which time the commission, as a 706 agency, has the exclusive right to process
complaints alleging discrimination filed by a person other than a commissioner
of the EEOC.
(b) At the expiration
of the sixty-day period, although the commission retains jurisdiction to
process the deferred complaint, the EEOC may begin to process the complaint
through its own procedures.
(c) The
commission shall follow the same procedures in processing deferrals as it uses
in processing complaints originally filed with the commission
(d) The commission may waive its right to the
period of exclusive processing of complaints provided under section 706(c) of
Title VII with respect to any complaint or category of complaints.
(e) A complaint initially filed with the EEOC
and deferred to the commission in accordance with section 706(c) of Title VII
shall be deemed filed with the commission as of the date the complaint was
received by the EEOC for purposes of the statute of limitations set forth in
Section
368-11(c),
HRS, but shall otherwise but deemed filed with the commission when received by
the commission.
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