[PART II. REMEDIES]

 

Revision Note

 

  Part II designation added by revisor.

 

Case Notes

 

  No intentional infliction of emotional distress ascommission's act of sending official letter to settle complaint if appellantpaid monetary damages and took out newspaper ad not "outrageous"conduct.  88 H. 85, 962 P.2d 344.

  The commission is subject to a duty to follow its ownadministrative rules, utilizing reasonable care, and was potentially negligentfor instituting legal action barred by its own administrative rules.  88 H. 85,962 P.2d 344.

  Where appellant's counterclaim lacked any allegation ofphysical injury to appellant or another as a result of the conduct of thecommission, action for negligent infliction of emotional distress could not bemaintained.  88 H. 85, 962 P.2d 344.

 

§368-11  Complaint against unlawfuldiscrimination.  (a)  The commission shall have jurisdiction over thesubject of discriminatory practices made unlawful by part I of chapter 489,chapter 515, part I of chapter 378, and this chapter.  Any individual claimingto be aggrieved by an alleged unlawful discriminatory practice may file withthe commission's executive director a complaint in writing that shall state thename and address of the person or party alleged to have committed the unlawfuldiscriminatory practice complained of, set forth the particulars thereof, andcontain other information as may be required by the commission.  The attorneygeneral, or the commission upon its own initiative may, in like manner, makeand file a complaint.

(b)  A complaint may be filed on behalf of aclass by the attorney general or the commission, and a complaint so filed maybe investigated, conciliated, heard, and litigated on a class action basis.

(c)  No complaint shall be filed after theexpiration of one hundred eighty days after the date:

(1)  Upon which the alleged unlawful discriminatorypractice occurred; or

(2)  Of the last occurrence in a pattern of ongoingdiscriminatory practice.

(d)  For the purposes of this chapter"unlawful discriminatory practice" means an unfair discriminatorypractice or like terms, as may be used in part I of chapter 489, chapter 515,or part I of chapter 378. [L 1989, c 386, pt of §1; am L 1991, c 252, §3; am L2001, c 55, §17(2), (3)]

 

Law Journals and Reviews

 

  Viability of the Continuing Violation Theory in Hawai‘i EmploymentDiscrimination Law in the Aftermath of Ledbetter. 30 UH L. Rev. 423.

 

Case Notes

 

  Plaintiff's submission of the pre-complaint questionnaire tothe Hawaii civil rights commission constituted the filing of a complaint forpurposes of calculating the state filing deadlines; plaintiff's complaint forstate law sexual harassment was not filed with the commission in a timelymanner.  468 F. Supp. 2d 1210.

  The "single-filing" or "piggyback" ruleapplied under Hawaii law, where the "dual-filed" equal employmentopportunity commission administrative complaints of four plaintiffs-intervenorswere filed after the 180-day deadline in subsection (c) and the plaintiffs-intervenorssought to "piggyback" on the timely administrative complaints ofthree other plaintiffs-intervenors.  504 F. Supp. 2d 1008.

  Where original complaint was timely filed under subsection(c), amendment of complaint pursuant to Hawaii administrative rule §12-46-6.1 toadd agent of employer responsible for alleged discriminatory conduct also didnot violate statute of limitations under this section.  89 H. 269, 971 P.2d1104.