Revision Note
Part II designation added by revisor pursuant to §23G-15.
Case Notes
No intentional infliction of emotional distress as commission's act of sending official letter to settle complaint if appellant paid monetary damages and took out newspaper ad not "outrageous" conduct. 88 H. 85, 962 P.2d 344 (1998).
The commission is subject to a duty to follow its own administrative rules, utilizing reasonable care, and was potentially negligent for instituting legal action barred by its own administrative rules. 88 H. 85, 962 P.2d 344 (1998).
Where appellant's counterclaim lacked any allegation of physical injury to appellant or another as a result of the conduct of the commission, action for negligent infliction of emotional distress could not be maintained. 88 H. 85, 962 P.2d 344 (1998).
§368-17 Remedies. (a) The remedies ordered by the commission or the court under this chapter may include compensatory and punitive damages and legal and equitable relief, including, but not limited to:
(1) Hiring, reinstatement, or upgrading of employees with or without back pay;
(2) Admission or restoration of individuals to labor organization membership, admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program, with the utilization of objective criteria in the admission of persons to those programs;
(3) Admission of persons to a public accommodation or an educational institution;
(4) Sale, exchange, lease, rental, assignment, or sublease of real property to a person;
(5) Extension to all persons of the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the respondent;
(6) Reporting as to the manner of compliance;
(7) Requiring the posting of notices in a conspicuous place that the commission may publish or cause to be published setting forth requirements for compliance with civil rights law or other relevant information that the commission determines necessary to explain those laws;
(8) Payment to the complainant of damages for an injury or loss caused by a violation of part I of chapter 489, chapter 515, part I of chapter 378, or this chapter, including a reasonable attorney's fee;
(9) Payment to the complainant of all or a portion of the costs of maintaining the action before the commission, including reasonable attorney's fees and expert witness fees, when the commission determines that award to be appropriate; and
(10) Other relief the commission or the court deems appropriate.
(b) Section 386-5 notwithstanding, a workers' compensation claim or remedy does not bar relief on complaints filed with the commission. [L 1989, c 386, pt of §1; am L 1991, c 252, §7; am L 2001, c 55, §17(5)]
Case Notes
Subsection (a) had prospective effect only. 76 H. 454, 879 P.2d 1037 (1994).
Chapter 386 does not bar relief on claims filed with the commission. 85 H. 7, 936 P.2d 643 (1997).
Section permits court to award compensatory and punitive damages in civil actions brought under part I of chapter 378. 85 H. 7, 936 P.2d 643 (1997).
Employer was entitled to a jury trial, under article I, §13 of the Hawaii constitution, with respect to employees' allegation of sexual discrimination and retaliation, as subsection (a) empowered the Hawaii civil rights commission to award legal forms of relief, and, in proceedings before the commission, the employees and executive director claimed legal relief in the form of monetary damages of $400,000 for each employee. 101 H. 438, 71 P.3d 389 (2003).
Section: Previous 368-1 368-1.5 368-2 368-3 368-4 368-5 368-11 368-12 368-13 368-14 368-15 368-16 368-17Last modified: October 27, 2016