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COVID-19 delays charge processing at Hawaii Civil Rights Commission

February 2021 employment law letter
Authors: 
Amanda M. Jones, Cades Schutte LLP

The Hawaii Civil Rights Commission (HCRC) recently issued its fiscal year (FY) 2020 annual report. Although the number of charges filed declined, the backlog of cases increased. The report suggests delays will continue along with the COVID-19 pandemic.

Disability discrimination claims are #1

According to the HCRC's annual report, 491 charges alleging employment discrimination were filed in FY 2020, which ended June 30, 2020. The number of filings is down from 515 charges filed in FY 2019.

The most commonly filed charges in FY 2020 were disability discrimination (28.9% of charges filed), retaliation (18.3%) and age discrimination (16.3%). Disability claims have been the most common filings with the HCRC every year since 2015, so its continued position at number one isn't surprising.

What is notable, however, is 12 more disability discrimination claims were filed in FY 2020 than in the previous year even though fewer charges were lodged overall. The statistics suggest disability bias claims will continue to dominate the HCRC's work as the pandemic continues.

HCRC blames virus for increase in case backlog

Although the number of charges fell, the HCRC's backlog grew in FY 2020. The commission closed only 207 cases in the year, down from the 260 cases closed in the previous 12 months. At the close of FY 2020, some 379 cases were pending, which was up from the 321 cases still in progress at the end of FY 2019.

The HCRC blames the pandemic for the delays. The annual report explains:

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