A plaintiff may proceed on a discrimination claim against a party not named in an HCRC Charge of Discrimination, according to a decision issued by the Intermediate Court of Appeals of Hawaii.In Simmons v. Aqua Hotels and Resorts, Inc., a former Director of Sales and Marketing at the Kauai Beach Resort named Aqua Hotels and Resorts in the age discrimination lawsuit filed after the employee was terminated during a corporate restructuring. The company sought dismissal of claims against it because it had not been named the Charge of Discrimination she filed with the Hawaii Civil Rights Commission prior to filing suit. While the circuit court granted the company's motion, the Intermediate Court of Appeals reversed the decision. The court ruled instead that a plaintiff may proceed with a claim under Chapter 378, Part 1 of the Hawaii Revised Statutes against a party not named in an HCRC charge in certain circumstances, including when "(1) the unnamed party was involved in the acts giving rise to the EEOC charge; (2) the EEOC or the unnamed party should have anticipated a Title VII suit against the unnamed party; (3) the named party is a principal or agent of an unnamed party or if they are substantially identical; (4) the EEOC could have inferred that the unnamed party violated Title VII; or (5) the unnamed party had notice of the EEOC conciliation efforts and participated in the EEOC proceedings." Simmons v. Aqua Hotels and Resorts, Inc.