Report Title:

Civil Rights Commission; Conciliation of Discrimination Complaints; Disclosure of Factual Information

 

Description:

Allows the executive director of the civil rights commission to disclose factual information in the investigation file to the parties during the conciliation phase in order to attempt settlement.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1747

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to discrimination complaints.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Once a discrimination complaint has been filed with the civil rights commission and after the investigation phase is complete, the executive director of the civil rights commission must make a determination as to whether there is reasonable cause to show that an unlawful discriminatory practice has occurred.  If reasonable cause is found, the executive director is required to either conciliate or settle the case.  Under state law, the investigation file is confidential and cannot be disclosed to anyone, including the parties to a discrimination complaint.  This limitation makes settlement during the conciliation phase extremely difficult because the parties are not permitted to see the factual evidence that has been gathered during the investigation.

     The purpose of this Act is to facilitate conciliation or settlement of discrimination complaints filed with the civil rights commission.  This Act allows the executive director of the civil rights commission to disclose factual information in the investigation file to the parties during the conciliation phase in order to attempt settlement of the complaint.  The information will enable the parties to assess the strengths and weaknesses of the case and make realistic decisions regarding settlement.  This Act also allows parties to object to the disclosure of proprietary materials or financial information provided during the conciliation process.  If, however, conciliation efforts fail, it does not preclude use of such information during a contested case hearing or civil action.  This Act further clarifies that a witness statement may be kept confidential if the civil rights commission agrees with a witness request for confidentiality in order to obtain the witness statement. 

     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 and received an agreement of confidentiality[,] from the commission, 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 may be allowed by the executive director during conciliation, unless a party objects to disclosure of proprietary information or financial records that the party provided during the investigation.  A party's right to object to disclosure during conciliation shall not prevent disclosure during a contested case hearing or civil action."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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