§378-5  Remedies.  (a)  The commission
may order appropriate affirmative action, including, but not limited to,
hiring, reinstatement, or upgrading of employees, with or without backpay,
restoration to membership in any respondent labor organization, or other
remedies as provided under chapter 368, which in the judgment of the
commission, will effectuate the purpose of this part, including a requirement
for reporting on the manner of compliance.



(b)  In any civil action brought under this
part, if the court finds that a respondent has engaged in or is engaging in any
unlawful discriminatory practice as defined in this part, the court may enjoin
the respondent from engaging in such unlawful discriminatory practice and order
such affirmative action as may be appropriate, which may include, but is not
limited to, reinstatement, hiring, or upgrading of employees, with or without
backpay, or restoration of membership in any respondent labor organization, or
any other equitable relief the court deems appropriate.  Backpay liability
shall not accrue from a date more than two years prior to the filing of the
complaint with the commission.



(c)  In any action brought under this part, the
court, in addition to any judgment awarded to the plaintiff or plaintiffs,
shall allow costs of action, including costs of fees of any nature and
reasonable attorney's fees, to be paid by the defendant. [L 1981, c 94, pt of
§2; am L 1989, c 386, §9]



 



Case Notes



 



  Subsection (f) (1985) plainly limited available relief to
appropriate equitable remedies; it did not authorize recovery of either
compensatory or punitive damages, both of which were traditional legal
remedies.  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 368-17 permits a court to award compensatory and
punitive damages in civil actions brought under part I of this chapter.  85 H.
7, 936 P.2d 643.



  Satisfaction of judgment did not bar plaintiff's claim for
attorney's fees under this section.  87 H. 86, 952 P.2d 374.



  Unemployment benefits should not be deducted from awards of
back pay under Hawaii’s employment discrimination law; thus, trial court did
not have discretion to reduce back pay award by the amount of unemployment
benefits received by employee.  89 H. 269, 971 P.2d 1104.



  Hawaii courts should be given discretion to enhance the
lodestar fee when an attorney has been retained on a contingency fee basis; a
"reasonable fee" under Hawaii fee-shifting statutes is an amount of
fees that "would attract competent counsel," in light of all the
circumstances, and that under certain circumstances the lodestar fee may be
multiplied by a factor to achieve a "reasonable" award of fees.  96
H. 408, 32 P.3d 52.



  Where a court awards attorney's fees pursuant to fee-shifting
statutes in cases involving contingency fee arrangements, a trial judge should
not be limited by the contingency fee arrangement between a plaintiff and his
or her counsel in determining a reasonable fee; plaintiff is thus not necessarily
barred from recovery of a doubled lodestar fee.  96 H. 408, 32 P.3d 52.



  Where appellate court's judgment only permitted plaintiff to
retry plaintiff's case, plaintiff had not established that discrimination had
occurred, and plaintiff was legally in the same position as before trial,
plaintiff had not been awarded a "judgment" within the meaning of
subsection (c) and was thus not entitled to fees under this section.  99 H.
262, 54 P.3d 433.