Haw. Code R. § 12-57-8 - Filing of complaint for discrimination

(a) Who may file. A discrimination complaint under section 396-8(e), HRS, may be filed by the employee or by a representative authorized to do so on the employee's behalf.

(b) No particular form of complaint is required, but it must be an original signed by the complainant and it must describe the facts and circumstances of the allegations.

(c) Complaints shall be filed with the director.

(d) Time for filing.

(1) Complaints not filed within 60 days after an alleged violation will be presumed to be untimely.

(2) Circumstances which would justify tolling of the 60-day period include:

(A) where the employer has concealed or misled the employee regarding the grounds for discharge or other adverse action,

(B) where the adverse action is in the nature of a continuing violation,

(C) other strongly extenuating circumstances or recognized equitable principles.

(3) The pendency of a grievance-arbitration proceeding or a filing with another agency, among others, are circumstances which do not justify tolling the 60-day period.

(e) Private sector employees may concurrently file a section 11(c) discrimination complaint with Federal OSHA within thirty (30) days of an alleged violation.

Notes

Haw. Code R. § 12-57-8

[Eff 7/6/98] (Auth: HRS § 396-4) (Imp: HRS § 396-8)