[PART II. 
REMEDIES]



 



Revision Note



 



  Part II designation added by revisor.



 



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.



  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.



  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.



 



§368-11  Complaint against unlawful
discrimination.  (a)  The commission shall have jurisdiction over the
subject of discriminatory practices made unlawful by part I of chapter 489,
chapter 515, part I of chapter 378, and this chapter.  Any individual claiming
to be aggrieved by an alleged unlawful discriminatory practice may file with
the commission's executive director a complaint in writing that shall state the
name and address of the person or party alleged to have committed the unlawful
discriminatory practice complained of, set forth the particulars thereof, and
contain other information as may be required by the commission.  The attorney
general, or the commission upon its own initiative may, in like manner, make
and file a complaint.



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



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



(1)  Upon which the alleged unlawful discriminatory
practice occurred; or



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



(d)  For the purposes of this chapter
"unlawful discriminatory practice" means an unfair discriminatory
practice 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 L
2001, c 55, §17(2), (3)]



 



Law Journals and Reviews



 



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



 



Case Notes



 



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



  The "single-filing" or "piggyback" rule
applied under Hawaii law, where the "dual-filed" equal employment
opportunity commission administrative complaints of four plaintiffs-intervenors
were filed after the 180-day deadline in subsection (c) and the plaintiffs-intervenors
sought to "piggyback" on the timely administrative complaints of
three 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 to
add agent of employer responsible for alleged discriminatory conduct also did
not violate statute of limitations under this section.  89 H. 269, 971 P.2d
1104.