DR006Fin.txt

HAWAII CIVIL RIGHTS COMMISSION

STATE OF HAWAII

In the matter of LINDA C. TSEU, ) DR 92-006
as Executive Director, Hawaii )
Civil Rights Commission, )
)
Petitioner, )
)
vs. )
)
JOHN DOES 1-10, JANE DOES 1-10, )
DOE PARTNERSHIPS 1-10, DOE )
CORPORATIONS 1-10 )
)
Respondents. )
)



ORDER REFUSING CONSIDERATION OF THE PETITION

The Executive Director's Petition for Declaratory Relief
seeking a declaration "as to the standards or tests to be applied
in claims of employment discrimination under H.R.S.  378-2" was
filed on June 1, 1992. No actual or potential respondents were
named, and particular facts giving rise to the petition were not
presented.
The Petition essentially seeks a declaration as to the
causation standard that the Commission will be apply in determining
whether violations of Chapter 378 have occurred and the appropriate
relief thereunder. While recognizing the importance of
establishing a causation standard, the Commission believes that
deciding the issue in this manner would be inappropriate. The
Commission believes that Petitions for Declaratory Relief should be
decided in an adversarial context where both sides of an issue are
presented.
Under H.A.R.  12-46-63(a)(1), the Commission is
authorized to refuse consideration of a petition if it fails to
substantively conform with section 12-46-61, which requires naming
potential respondents and stating with particularity the facts
giving rise to the petition. Under H.A.R.  12-46-63(a)(4), the
Commission can also refuse consideration if "[t]he petition is
based on hypothetical ... facts of either liability or damages."
The Commission believes that adopting a causation standard would be
more appropriate in the context of a proceeding or contested case
where there are actual facts establishing liability and damages.
For the above reasons, the Commission refuses to consider the
Petition.

DATED: Honolulu, Hawaii. August 12, 1992.


Amefil Agbayani
Chairperson