Filing a sexual harassment complaint in Hawaii can feel overwhelming. You know it is necessary to protect your rights, but the process itself is daunting.
Knowing what to expect can help make the process clearer. By understanding the steps that typically follow after filing a complaint, you can confidently walk the path ahead.
Initial review and investigation
After filing a complaint with the Hawaii Civil Rights Commission or another relevant agency, the complaint undergoes an initial review. The agency will assess whether the complaint meets the necessary criteria. They will verify that you filed within the required time frame and provided enough information to proceed. If the complaint meets these criteria, the agency will open an investigation.
During the investigation, the agency may interview you, the accused party and any witnesses. The investigator may also review related documents, emails and other evidence. This phase is critical for gathering facts and determining whether the complaint has merit.
Mediation or conciliation
In some cases, the agency may suggest mediation or conciliation as a way to resolve the issue without proceeding to a formal hearing. Mediation allows both parties to discuss the situation with a neutral third party and work towards a mutually acceptable resolution. Conciliation is similar but typically involves a more structured negotiation process.
If mediation or conciliation results in an agreement, the case may close without further action. However, if these efforts do not succeed, the investigation will continue.
Determination and potential hearing
After completing the investigation, the agency will make a determination. If the agency finds sufficient evidence of sexual harassment, it may issue a finding of probable cause. This finding can lead to a formal hearing where both parties present their cases before an administrative law judge.
If the ruling is in your favor, the judge may order remedies such as reinstatement, back pay or other forms of compensation. If the ruling does not favor you, there may be a complete dismissal of the case.
Filing a sexual harassment complaint in Hawaii initiates a thorough process, ultimately leading to possible legal action. Though it might feel like a difficult burden, undergoing this process helps you protect your rights in the workplace.