[§368-12] Notice of right to sue. The
commission may issue a notice of right to sue upon written request of the
complainant. Within ninety days after receipt of a notice of right to sue, the
complainant may bring a civil action under this chapter. The commission may
intervene in a civil action brought pursuant to this chapter if the case is of
general importance. [L 1989, c 386, pt of §1]
Case Notes
Plaintiff's claims not time-barred, where defendant argued
that certain claims were time-barred because plaintiff failed to serve
defendant with complaint within ninety days of receipt of right to sue letters
and that plaintiff had no intent to serve defendant with original complaint;
among other things, plaintiff filed complaint within ninety days of receipt of
right to sue letters and plaintiff was not also required to serve defendant
within ninety-day period, plaintiff was only required to commence the civil
action by filing complaint. 75 F. Supp. 2d 1113 (1999).
Notes of Decisions
Cited in
29
cases (
6 in the last 5 years), 1994–2026 · leading case:
SCI Mgmt. Corp. v. Sims, 71 P.3d 389 (Haw. 2003).
SCI Mgmt. Corp. v. Sims, 71 P.3d 389 (Haw. 2003).
· cites it 112× “The HCRC defendants contend that the circuit court erred in granting summary judgment in favor of the plaintiffs, on the bases (1) that the right of a complainant to opt out of the HCRC process and proceed in circuit court under HRS § 368-12, see supra note 1, and HAR 12-46-20,…”
Douglass v. Pflueger Hawaii, Inc., 135 P.3d 129 (Haw. 2006).
· cites it 14× “In response to his request to withdraw his HCRC complaint and pursue the matter in court, the HCRC, on September 25, 2002, issued a right-to-sue letter to Douglass, pursuant to HRS § 368-12 (1993). 3 Thereafter, on December 17, 2002, Douglass filed an action against Pflueger in…”
Mukaida v. Hawaii, 159 F. Supp. 2d 1211 (D. Haw. 2001).
· cites it 6× “Haw.Rev.Stat. § 368-12 (“Within ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter”).”
Takaki v. Allied Mach. Corp., 951 P.2d 507 (Haw. App. 1998).
· cites it 6× “This letter advised Takaki of his right to file a private lawsuit in circuit court pursuant in part to HRS § 368-12. Also on October 10, 1991, Takaki filed a new complaint with the HCRC and EEOC, 4 alleging race, national origin, and ancestry as the bases for the discrimination…”
Schefke v. Reliable Collection Agency, Ltd., 32 P.3d 52 (Haw. 2001).
· cites it 2× “HRS § 368-12 '(1993) states in pertinent part that “[t]he commission may issue a notice of right to sue upon written request of the complainant [and w]ithin ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter.”
Furukawa v. Honolulu Zoological Soc'y, 936 P.2d 643 (Haw. 1997).
· cites it 3× “As provided for under HRS § 368-12 (1993), 10 Furukawa requested and received a Notice of Dismissal *19 and Right to Sue from the commission.”
Nelson v. Univ. of Hawai'i, 38 P.3d 95 (Haw. 2001).
· cites it 2× “" HRS § 378-3(10), entitled "Exceptions," provides that nothing in this part shall be deemed to "[p]reclude any employee from bringing a civil action for sexual harassment or sexual assault and infliction of emotional distress or invasion of privacy related thereto; provided…”
Wright v. Home Depot U.S.A., Inc., 142 P.3d 265 (Haw. 2006).
· cites it 2× “” HRS § 368-12 (1993) provides in relevant part that, "[w]ithin ninety days after receipt of a notice of right to sue, the complainant may bring a civil action under this chapter.”
U.S. Equal Emp. Opportunity Comm'n v. NCL Am. Inc., 504 F. Supp. 2d 1008 (D. Haw. 2007).
· cites it 2× “Under Hawaii law, an administrative claim must be filed within 180-days of the unlawful discriminatory action. Haw.Rev. Slat. § 368-11. This is a different deadline than that for filing suit.”
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