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Annual Report


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Caseload Statistics

During FY 2013, the HCRC continued its emphasis on maintaining efficiency without sacrificing effective law enforcement.



Intake
During FY 2013, the HCRC received 4,057 telephone and walk-in inquiries. HCRC investigators completed 732 intakes, and 615 discrimination complaints were filed with the HCRC, an average of 51.2 complaints a month.
Of the 615 complaints that were filed with the HCRC, 338 complaints originated with HCRC investigators (averaging 28.1 per month), and another 277 cases originated with the federal EEOC or HUD. These 277 cases were dual-filed under state law with the HCRC.
The 615 cases included 549 employment cases, 23 public accommodations cases, and 43 housing cases. The other inquiries and intake interviews did not lead to filed charges due primarily to: a) lack of jurisdiction; b) failure to correlate the alleged act(s) with the protected bases; or c) the complainant's decision not to pursue the complaint.

The 615 charges accepted by the HCRC consisted of 429 Oahu complaints, 70 Hawai’i County complaints, 69 Maui County complaints, and 47 Kauai County complaints. The number of complaints filed from each county was consistent with its proportion of resident population in the state (Honolulu County 70.1%; Hawai'i County 13.7%; Maui County 11.2%; and Kauai County 5.0%).

Closures6
HCRC investigators and attorneys closed 355 cases during FY 2013 (an increase of 11 cases from FY 2012), for an average closure rate of 29.6 cases per month, up from 28.7 cases per month in FY 2012. HCRC investigations resulted in cause determinations in 3 cases. As of June 30, 2013, there were 523 cases pending with HCRC investigators.

The average period for case closure by investigators was 438 days, as compared to 351 days for FY 2012, 363 days for FY 2011, and 326 days for FY 2010. A review of this fiscal year shows the following reasons for investigative closures:





No. of Cases

% of Subtotal

% of Total Closures

Merit Closures










Resolved by Parties

62

20.60%

17.46%

Pre-Determination Settlements

19

6.31%

5.35%

Cases Resolved by Attorneys

6

1.99%

1.69%

No Cause Determinations

214

71.10%

60.28%













Subtotal

301

100.0%

84.79%















Non-merit Closures

No. of Cases

% of Subtotal

% of Total Closures

Complainant Elected Court Action

30

55.56%

8.45%

No Jurisdiction

2

3.70%

0.56%

Complaint Withdrawn

2

3.70%

0.56%

Complainant Not Available

3

5.56%

0.85%

Complainant Failed to Cooperate

12

22.22%

3.38%

Bankruptcy of Respondent

1

1.85%

0.28%

No Significant Relief Available

4

7.41%

1.13%













Subtotal

54

100.00%

15.21%













Total Number of Closures

355




100.00%



Employment Cases
H.R.S. Chapter 378, Part I prohibits discriminatory employment practices based on race, sex, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, domestic or sexual violence victim status, credit history or credit report, assignment of income for child support obligations, National Guard participation, and breast feeding/expressing milk. Examples of such practices are outlined in H.R.S. §378-2.
The HCRC has a work-share agreement with the EEOC. Under the work-share agreement, a case is filed with both agencies where there is concurrent jurisdiction. However, only the intake agency conducts the investigation, thereby eliminating duplicate enforcement activity. During the fiscal year a total of 549 employment cases were accepted by the HCRC. The HCRC was the intake agency for 272 of these cases, and the HCRC dual-filed another 277 cases originating with EEOC. Of the HCRC-originated cases, 76.5% were also filed with EEOC.
Of the 549 employment complaints filed, the bases most cited were sex, in 154 cases (28.1%); disability, in 108 cases (19.7%); and retaliation in 97 cases (17.7%). Of the sex discrimination complaints, 35 (22.7% of all sex cases) alleged sexual harassment and 28 (18.2% of all sex cases) were based on pregnancy. Race was the fourth most cited basis with 61 cases, representing 11.1% of all employment cases, followed by age in 55 cases (10.0%), ancestry/national origin in 42 cases (7.7%), arrest and court record in 16 cases (2.9%), and religion in 5 cases (0.9%). The bases of color, sexual orientation, and domestic or sexual violence victim status were cited in 3 cases each (0.5%), and marital status was cited in 2 cases (0.4%). There were no cases based on credit history or credit report, child support obligations, or National Guard participation.
The case closure period averaged 457 days for the 282 employment cases that were closed or caused by HCRC investigators during FY 2013.



Housing Cases
During FY 2013, the HCRC accepted 43 cases of housing discrimination. There were 20 cases based on disability (46.5%); followed by 6 cases based on race (14.0%); 5 cases based on retaliation (11.6%); 4 cases based on familial status (9.3%); 3 cases based on ancestry/national origin (7.0%); 2 cases based on marital status (4.7%), and 1 case each based on age, religion, and sexual orientation (2.3%). There were no cases based on HIV infection, color, or sex.
Housing case closures averaged 291 days for the 44 cases closed or caused during FY 2013.


Public Accommodations Cases
H.R.S. Chapter 489 prohibits unfair discriminatory practices that deny, or attempt to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of a place of public accommodation on the basis of race, sex, sexual orientation, color, religion, ancestry, or disability. Public accommodations include retail stores, restaurants, theaters, sports arenas, public transportation, healthcare providers, hotels, and banks.
During the fiscal year, 23 new cases of public accommodations discrimination were accepted. Of these, 7 cases were based on disability discrimination (30.4%); 6 cases were based on race (26.1%); 5 cases were based on sex (21.7%); 3 cases were based on color (13.0%); and 2 cases were based on ancestry (8.7%). There were no cases based on religion or sexual orientation.
Public accommodations case closures averaged 357 days for the 24 cases closed (or caused) during FY 2013.

Access to State and State-Funded Services Cases
H.R.S § 368-1.5 prohibits state agencies, or any program or activity receiving state financial assistance from excluding from participation, denying benefits or otherwise discriminating against persons with disabilities (the only protected class under this statute).
During the fiscal year, there were no cases filed under § 368-1.5. During FY 2013 there were two cases filed under § 368-1.5 that closed, averaging 611 days per closure.

Cause Cases
When the investigation results in a recommendation that there is reasonable cause to believe that discrimination has occurred, the case is assigned to an HCRC enforcement attorney for legal action. In FY 2013, 3 recommendations for cause were brought forward for legal action. Of these cases, 2 (66.7%) were housing cases, and 1 (33.3%) was an employment case.
Of the 3 investigations with a cause recommendation, 2 were based on disability (66.7%), and 1 was based on age (33.3%).
In addition, HCRC attorneys continued to work on cause cases carried forward from previous years, engaging in legal review, conciliation, and litigation.




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