Report Title:
Civil Rights Commission; Disclosure
Description:
Allows the director of the HCRC to disclose information to a complainant or respondent obtained during an investigation of a complaint filed with the HCRC to assist the director in conducting a conciliation, conference, or persuasion process designed to eliminate the discriminatory practice.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1271 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the civil rights commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Pursuant to section 368-13(b), Hawaii Revised Statutes, the executive director of the civil rights commission is required to investigate complaints of discrimination and make a determination whether there is reasonable cause to believe that an unlawful discriminatory practice has occurred. If there is a reasonable cause determination, the executive director is required, pursuant to section 368-13(d), Hawaii Revised Statutes, to "immediately endeavor to eliminate any alleged unlawful discriminatory practice by informal methods such as conference, conciliation, and persuasion."
During the conciliation process, the executive director cannot disclose any information arising from the investigation because of section 368-4, Hawaii Revised Statutes. The availability of this information may help conciliate a case, as disclosure of certain relevant information will help the parties assess the relative strengths and weaknesses of the case. The inability to disclose this pertinent information makes it difficult for the executive director to effectively eliminate unlawful discrimination. If a case can be conciliated, there is no need for an administrative hearing. This Act will give the executive director the discretion to disclose information in the file to the parties in order to settle cases.
The purpose of this Act is to assist the civil rights commission in settling cases by authorizing the disclosure of factual information by the director to the parties during a conciliation process.
SECTION 2. Section 368-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) All records of the investigation arising from a complaint filed with the commission shall be kept confidential and shall not be disclosed to anyone; provided that any factual matters provided to the commission during the intake and investigation of the complaint, including complainant and respondent statements and documents, pre-complaint questionnaires, witness statements for which the witness has not requested confidentiality, other documents received from witnesses, and correspondence with parties and witnesses may be disclosed:
(1) As may be required by order of a court with jurisdiction in a case arising from a complaint filed with the commission; [or]
(2) As may be requested by a party in a complaint filed with the commission, if a complainant verifies in writing that the complainant has received a notice of right to sue pursuant to section 368-12 and a civil action has been filed or the right to sue has not expired, or if a respondent verifies in writing that the complainant has filed a civil action[.]; or
(3) As deemed appropriate by the executive director, to a complainant or respondent in order to carry out the executive director's responsibilities under section 368-13(d)."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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