HAR § 12-46 § 12-46-315
Public contractors.
Operative Text
(a) In the case of a respondent who is found by the commission to have engaged in a discriminatory practice in the course of performing under a contract or subcontract with the State or a county, or agency thereof, if the discriminatory practice was authorized, requested, commanded, performed, or knowingly or recklessly tolerated by the board of directors of the respondent or by an officer or executive agent acting within the scope of the officer’s or agent’s employment, the commission shall mail or serve a certified copy of a commission decision finding that respondent has engaged in a discriminatory practice to the contracting agency. Unless the commission’s finding of a discriminatory practice is reversed in the course of judicial review, the finding of discrimination is binding on the contracting agency. (b) Upon receiving a certified copy of the decision under subsection (a), a contracting agency may take appropriate action to: (l) Terminate a contract, or portion thereof, previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with this subchapter; and (2) Assist the State and all counties, and agencies thereof, to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with the respondent until the commission is satisfied that the respondent will carry out policies in compliance with this subchapter. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §§515-13(c), 515-19)
Hawaii Administrative Rules § 12-46-315 addresses what happens when a public contractor or subcontractor is found by the Hawaii Civil Rights Commission to have engaged in housing discrimination. If the discriminatory practice was authorized or tolerated at a leadership level within the company, the Commission sends a certified copy of its decision to the relevant government contracting agency. That finding is binding on the contracting agency unless it is overturned through judicial review, and the agency may then terminate existing contracts or work to prevent new contracts from being awarded to the respondent until compliance is demonstrated.
Plain English — not legal advice.
Under HAR § 12-46-315, businesses that hold or seek government contracts in Hawaii are subject to additional consequences if the Commission finds discriminatory practices attributable to their leadership. Compliant operators generally ensure that their fair-housing and anti-discrimination policies are actively enforced at the executive and board level, since leadership-level involvement or tolerance of discrimination is the trigger for contract-related consequences. Maintaining documented compliance programs and training records can demonstrate to contracting agencies that the organization is operating in accordance with this subchapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-315 provides a mechanism that may benefit people who experience housing discrimination by a business that also holds government contracts. If the Hawaii Civil Rights Commission finds discrimination and that finding is not reversed on judicial review, the contracting agency is bound by it and may terminate or decline to renew contracts with the respondent. Individuals who believe they have experienced discrimination by a public contractor may explore filing a complaint with the Hawaii Civil Rights Commission or consulting a tenant-rights organization to understand how this provision and related rules may apply to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation