Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 8 - HAWAII OCCUPATIONAL SAFETY AND HEALTH DIVISION
Part 1 - GENERAL, LEGAL AND ADMINISTRATIVE PROVISIONS
Chapter 57 - DISCRIMINATION AGAINST EMPLOYEES EXERCISING RIGHTS UNDER CHAPTER 396, HAWAII REVISED STATUTES
Subchapter 3 - PROCEDURES
Section 12-57-8 - Filing of complaint for discrimination

Universal Citation: HI Admin Rules 12-57-8

Current through August, 2024

(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.

(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,

(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.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.