Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 46 - PROCEDURE ON COMPLAINTS
Subchapter 1 - PROCEDURE ON COMPLAINTS
Section 12-46-9 - Deferral of complaints filed with EEOC
Current through February, 2024
(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.
