§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.



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



  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.



  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.