§368-17  Remedies.  (a)  The remediesordered by the commission or the court under this chapter may includecompensatory and punitive damages and legal and equitable relief, including,but not limited to:

(1)  Hiring, reinstatement, or upgrading of employeeswith or without back pay;

(2)  Admission or restoration of individuals to labororganization membership, admission to or participation in a guidance program,apprenticeship training program, on-the-job training program, or otheroccupational training or retraining program, with the utilization of objectivecriteria in the admission of persons to those programs;

(3)  Admission of persons to a public accommodation oran educational institution;

(4)  Sale, exchange, lease, rental, assignment, orsublease of real property to a person;

(5)  Extension to all persons of the full and equalenjoyment of the goods, services, facilities, privileges, advantages, oraccommodations of the respondent;

(6)  Reporting as to the manner of compliance;

(7)  Requiring the posting of notices in a conspicuousplace that the commission may publish or cause to be published setting forthrequirements for compliance with civil rights law or other relevant informationthat the commission determines necessary to explain those laws;

(8)  Payment to the complainant of damages for aninjury 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 ofthe costs of maintaining the action before the commission, including reasonableattorney's fees and expert witness fees, when the commission determines thataward to be appropriate; and

(10)  Other relief the commission or the court deemsappropriate.

(b)  Section 386-5 notwithstanding, a workers'compensation claim or remedy does not bar relief on complaints filed with thecommission. [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, 879P.2d 1037.

  Chapter 386 does not bar relief on claims filed with thecommission.  85 H. 7, 936 P.2d 643.

  Section permits court to award compensatory and punitivedamages in civil actions brought under part I of chapter 378.  85 H. 7, 936P.2d 643.

  Employer was entitled to a jury trial, under article I, §13of the Hawaii constitution, with respect to employees' allegation of sexualdiscrimination and retaliation, as subsection (a) empowered the Hawaii civilrights commission to award legal forms of relief, and, in proceedings beforethe commission, the employees and executive director claimed legal relief inthe form of monetary damages of $400,000 for each employee.  101 H. 438, 71P.3d 389.