Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 1 - PROCEDURE ON COMPLAINTS › Section 12-46-1 - Definitions

Current through June, 2024
As used in this chapter, unless the context otherwise
				  requires:
"Aggrieved person" means any person who shall be adversely
				  affected by an action, decision, order, or rule of the commission or who shall
				  be adversely affected by the action or conduct of any person if the action or
				  conduct is within the commission's jurisdiction.
"Ancestry" means national origin; an individual's or
				  ancestor's place of origin; or the physical, cultural, or linguistic
				  characteristics of an ethnic group.
"Attorney general" means the state attorney general or any
				  deputy of the state attorney general.
"Because of sex" shall be as defined in section
				  378-1, HRS.
"Bona fide retirement, pension, employee benefit, or
				  insurance plan" means any plan, program, or policy of an employer, including
				  any retirement, pension, or insurance plan, which is in writing and has been
				  communicated to eligible or affected employees and which is not a pretext for
				  age discrimination. The plan shall have the intent and purpose of providing an
				  employee with insurance during employment or with income upon
				  retirement.
"Commission" means the civil rights commission established by
				  sections
				  368-2
				  and
				  368-3,
				  HRS.
"Complaint" means a written statement filed with the
				  commission pursuant to this chapter and section
				  368-11,
				  HRS, alleging an unlawful discriminatory practice within the meaning of chapter
				  368 or
				  489 or
				  515 or part I of chapter
				  378, HRS.
"Complainant" means the person who has filed a complaint
				  pursuant to this chapter.
"Declaratory relief" means the commission's declaration as to
				  the applicability or non-applicability with respect to a factual situation of
				  any rule or order of the commission, or of a statute which the commission is
				  required to administer or enforce.
"Demonstrates" means meets the burdens of production and
				  persuasion.
"EEOC" means the United States Equal Employment Opportunity
				  Commission or any of its designated representatives.
"Employer" shall be as defined in section
				  378-1, HRS.
"Employment" shall be as defined in section
				  378-1, HRS.
"Employment agency" shall be as defined in section
				  378-1, HRS.
"Executive director" means the executive director appointed
				  by the commission pursuant to section
				  368-3,
				  HRS, or the executive director's designee.
"Fringe benefits" includes medical, hospital, accident, life
				  insurance and retirement benefits, profit-sharing and bonus plans, leave, and
				  other terms, conditions, and privileges of employment.
"Hearings examiner" means a person, duly appointed by the
				  commission pursuant to section
				  368-3,
				  HRS, and authorized to hold a hearing for the purpose of taking evidence or
				  oral argument, and making a decision in any case or controversy within the
				  jurisdiction of the commission.
"Hearings relief" means the determination by the commission
				  of the legal rights, duties, or privileges of specific parties which are
				  required by law to be determined after an opportunity for agency
				  hearing.
"HRS" means Hawaii Revised Statutes.
"Investigating examiner" means the person designated by the
				  executive director to conduct an investigation of a complaint.
"Labor organization" shall be as defined in section
				  378-1, HRS.
"Marital status" shall be as defined in section
				  378-1, HRS.
"Party" means the commission, if named, permitted, or
				  entitled as of right to participate in a proceeding, each person named in a
				  proceeding, or any interested or aggrieved person permitted or entitled as of
				  right to participate in a proceeding before the commission in the capacity of a
				  petitioner, complainant, respondent, intervenor, or in a capacity other than
				  that of a witness.
"Person" means individuals, partnerships, corporations,
				  associations, or public or private organizations of any character, other than
				  the commission.
"Petition" means an application to the commission by a party
				  which seeks relief pursuant to this chapter.
"Petitioner" means a party who files a petition with the
				  commission pursuant to this chapter.
"Religion" includes all aspects of religious observance,
				  practice, and belief.
"Religious accommodation" means an affirmative duty to
				  reasonably resolve a conflict resulting from an employee's or prospective
				  employee's religious observance or practice with the terms or conditions of
				  employment.
"Religious practice" includes moral or ethical beliefs, which
				  are sincerely held with the strength of traditional religious views.
"Remedy" means any remedy in section
				  368-17, HRS, including
				  any punitive damages award determined pursuant to standards prescribed by the
				  Hawaii Supreme Court.
"Respondent" means the party against whom the complaint or
				  petition is filed, the party against whom relief is sought, or any party who
				  contests or controverts a proceeding or petition.
"Rule" shall have the same meaning as provided in section
				  91-1(4),
				  HRS.
"Rule relief" means the adoption, modification, or repeal of
				  any regulatory rule by the commission.
"Sex" means the state of being male or female and the
				  conditions associated therewith.
"Single" means the state of being unmarried, divorced,
				  separated, or widowed.
" 706 agency" means a state or local agency which the EEOC
				  has determined satisfies the criteria stated in section 706(c) of Title VII (
				  42 U.S.C.
				  §2000e-5(c) ).
"Title VII" means Title VII of the Civil Rights Act of 1964,
				  as amended (
				  42
				  U.S.C. §2000e-17 ).
"Unlawful discriminatory practice" includes the term "unfair
				  discriminatory practice," or like terms, as may be used in chapters
				  368,
				  489,
				  515, and part I of chapter
				  378, HRS.