Dr14or.txt

CIVIL RIGHTS COMMISSION

STATE OF HAWAI`I

In the Matter of ) DR No. 99-14
)
HOTEL "A" )
) ORDER REFUSING CONSIDERATION
) OF THE PETITION
Petitioner. )
)
_______________________________)


ORDER REFUSING CONSIDERATION OF THE PETITION

Petitioner, HOTEL "A", filed a Petition for Declaratory Ruling
on July 26, 1999. Petitioner sought a declaration that its policy,
which required employees to speak only English during work hours,
does not violate H.A.R. sec. 12-46-174(a) [1] because it is justified
by a business necessity under H.A.R. sec. 12-46-174(b). [2]
Petitioner contended that the purpose of the rule is to avoid any
miscommunication or bad feelings among employees or guests. The
Petition did not identify the Petitioner or any possible
respondents. According to Petitioner, there is no present
complaint under investigation or dispute regarding the rule.
Under H.A.R. sec. 12-46-63(a), the Commission may refuse
consideration of a petition, inter alia, if it fails to
substantially conform with section 12-46-61; the petition is based
upon hypothetical or speculative facts; or there is any other
reason justifying denial of the petition.
Under H.A.R. sec. 12-46-61, a petition must include the names of
any potential respondents. If the hotel's workers, subject to the
rule, are unionized, the union would be interested in the
application of the rule to its members and may be a potential
respondent. In addition, because there is no pending complaint
under investigation, there does not appear to be any reason to
protect the identity of HOTEL "A".
The petition also appears to be based upon hypothetical facts
because: 1) there is no pending complaint, and 2) the parameters of
the English only rule and the reasons for its implementation are
not fully set forth in the Petition. Finally, the Commission
believes that there are other reasons justifying refusal to
consider the petition under H.A.R. sec. 12-46-63(a)(6) based upon the
proper allocation of the Commission's investigatory and legal
resources given the number of pending complaints under
investigation and contested cases docketed for hearing.
IT IS HEREBY ORDERED that the Commission refuses to consider
the Petition and hereby dismisses the Petition without prejudice.

DATED: August 10, 1999, Honolulu, Hawaii,


FAYE KENNEDY
COMMISSIONER
For HARRY YEE, CHAIRPERSON



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footnotes:

1. H.A.R. sec. 12-46-174(a) provides: "Any rule requiring
employees to speak only English or other specific language at all
times in the work place, including work breaks, shall be considered
a violation of chapter 378, HRS."

2. H.A.R. sec. 12-46-174(b) provides: "An employer may have a
rule requiring that employees speak only English at certain times
where the employer can show that the rule is justified by business
necessity."