§515-13 - Remedies.
§515-13 Remedies. (a) If the
commission determines that the respondent has engaged in a discriminatory
practice, the commission shall state its findings of fact and conclusions of
law and shall issue an order requiring the respondent to cease and desist from
the discriminatory practice and to take such affirmative actions as in the
judgment of the commission will carry out the purposes of this chapter. A copy
of the order shall be delivered to the respondent, the complainant, the
attorney general, and to such other public officers and persons as the
commission deems proper.
(b) Affirmative action ordered under this
section may include, but is not limited to:
(1) Sale, exchange, lease, rental, assignment, or
sublease of real property to an individual;
(2) Extension to all individuals of the full and
equal enjoyment of the advantages, facilities, privileges, and services of the
respondent;
(3) Reporting as to the manner of compliance;
(4) Posting notices in conspicuous places in the
respondent's place of business in form prescribed by the commission and
inclusion of such notices in advertising material;
(5) Cancellation, rescission, or revocation of a
contract, deed, lease, or other instrument transferring real property, which is
the subject of a complaint of a discriminatory practice, to a person who had
actual knowledge or record notice, prior to the transfer or the execution of
the legally binding obligation to make the transfer, that a determination of
reasonable cause had been made with respect to the discriminatory practice;
(6) Payment to an injured party of profits obtained
by the respondent through a violation of section 515-7, subject to the
principles of equity;
(7) Payment to the complainant of damages for an
injury caused by the discriminatory practice and costs, including a reasonable
attorney's fee. Unless greater damages are proven, damages may be assessed at
$500 for each violation.
(c) 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 so
certify 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.
(d) Thirty days after an order is issued under
this section, unless an appeal by the respondent is pending, the commission may
publish or cause to be published the name of a person who has been determined
to be engaged in a discriminatory practice. [L 1967, c 193, §13; HRS §515-13;
am L 1972, c 107, §3(b); am L 1982, c 204, §8; gen ch 1985; am L 1989, c 386,
§14]