§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 (1994).
Chapter 386 does not bar relief on claims filed with the
commission. 85 H. 7, 936 P.2d 643 (1997).
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 (1997).
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 (2003).
Cited: 133 H. 332, 328 P.3d 341 (2014).
Notes of Decisions
Ross v. Stouffer Hotel Co. (Hawai'i) Ltd., 879 P.2d 1037 (Haw. 1994).
· cites it 20× “Ross argues that even if HRS § 378-5(f) provides for only equitable relief, he is still entitled to compensatory and punitive damages under HRS § 368-17(a) (Supp. 1992). He claims that HRS § 368-17(a), which became effective on July 1, 1989 (after Ross filed his amended…”
SCI Mgmt. Corp. v. Sims, 71 P.3d 389 (Haw. 2003).
· cites it 20× “Eighth, the majority effectively abrogates the powers and functions of the HCRC granted under HRS § 368-3(5) to "order appropriate *407 legal and equitable relief or affirmative action when a violation is found[,]" (emphases added), and under HRS § 368-17 (Supp.2001) to award…”
Furukawa v. Honolulu Zoological Soc'y, 936 P.2d 643 (Haw. 1997).
· cites it 14× “Furukawa further claims that the trial court erred in excluding evidence of his emotional distress. The trial court held that the exclusivity provision of the workers’ compensation statute, HRS § 386-5 (1993), 6 barred *17 Furukawa from making a claim for emotional distress…”
Lales v. Wholesale Motors Co.., 328 P.3d 341 (Haw. 2014).
· cites it 10× “” HRS § 368-17(a)(10) (Supp. 2002). Thus, the legislature granted the HCRC broad authority to promulgate and enforce rules that effectuate the State’s anti- discrimination laws.”
State v. Hoshijo Ex Rel. White, 76 P.3d 550 (Haw. 2003).
· cites it 4× “[15] HRS § 368-17(a) (1993) provides for compensatory damages and in relevant part, states as follows: (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…”
Yang v. Abercrombie & Fitch Stores, 284 P.3d 946 (Haw. App. 2012).
· cites it 8× “2d at 652-55. The holding of the supreme court was clearly directed at upholding the power of the Civil Rights Commission and the courts to award compensatory damages pursuant to the “remedial statute designed to enforce civil rights protections and remedy the effects of…”
Takaki v. Allied Mach. Corp., 951 P.2d 507 (Haw. App. 1998).
· cites it 4× “The trial court excluded evidence of the plaintiffs emotional distress, on the ground that HRS § 386-5 barred him from making such a claim under either HRS § 368-17 (1993) 15 or HRS § 378-5 (1993).”
Steinberg v. Hoshijo, 960 P.2d 1218 (Haw. 1998).
· cites it 2× “Because, pursuant to HRS § 368-17(a) (1993), the HCRC had the authority to award both compensatory and punitive damages, and we do not perceive any evidence of plain error, we hold that the issue of damages was waived.”
Chan v. Wells Fargo Advisors, LLC., 124 F. Supp. 3d 1045 (D. Haw. 2015).
· cites it 2× “The Hawaii Supreme Court reasoned that, under section 368-17(a), which pertains to remedies before the Hawaii Civil Rights Commission, the remedies available include compensatory and punitive damages, including damages for injuries and losses caused by a violation of part 1 of…”
Sevcik v. Unlimited Constr. Servs., Inc., 462 F. Supp. 2d 1140 (D. Haw. 2006).
· cites it 2× “At the November 6, 2006 hearing, Plaintiff orally cited Hawaii Revised Statute § 368-17 as the basis for his request for training.”
— Haw. Rev. Stat. § 368-17(a) — 9 cases
Ross v. Stouffer Hotel Co. (Hawai'i) Ltd., 879 P.2d 1037 (Haw. 1994).
“Ross argues that even if HRS § 378-5(f) provides for only equitable relief, he is still entitled to compensatory and punitive damages under HRS § 368-17(a) (Supp. 1992). He claims that HRS § 368-17(a), which became effective on July 1, 1989 (after Ross filed his amended…”
SCI Mgmt. Corp. v. Sims, 71 P.3d 389 (Haw. 2003).
“Eighth, the majority effectively abrogates the powers and functions of the HCRC granted under HRS § 368-3(5) to "order appropriate *407 legal and equitable relief or affirmative action when a violation is found[,]" (emphases added), and under HRS § 368-17 (Supp.2001) to award…”
State v. Hoshijo Ex Rel. White, 76 P.3d 550 (Haw. 2003).
“[15] HRS § 368-17(a) (1993) provides for compensatory damages and in relevant part, states as follows: (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…”
Furukawa v. Honolulu Zoological Soc'y, 936 P.2d 643 (Haw. 1997).
“Furukawa further claims that the trial court erred in excluding evidence of his emotional distress. The trial court held that the exclusivity provision of the workers’ compensation statute, HRS § 386-5 (1993), 6 barred *17 Furukawa from making a claim for emotional distress…”
— Haw. Rev. Stat. § 368-17(a)(10) — 1 case
Lales v. Wholesale Motors Co.., 328 P.3d 341 (Haw. 2014).
“” HRS § 368-17(a)(10) (Supp. 2002). Thus, the legislature granted the HCRC broad authority to promulgate and enforce rules that effectuate the State’s anti- discrimination laws.”
— Haw. Rev. Stat. § 368-17(a)(2) — 1 case
Sevcik v. Unlimited Constr. Servs., Inc., 462 F. Supp. 2d 1140 (D. Haw. 2006).
“At the November 6, 2006 hearing, Plaintiff orally cited Hawaii Revised Statute § 368-17 as the basis for his request for training.”
— Haw. Rev. Stat. § 368-17(a)(3) — 1 case
— Haw. Rev. Stat. § 368-17(a)(6) — 1 case
Lales v. Wholesale Motors Co.., 328 P.3d 341 (Haw. 2014).
“” HRS § 368-17(a)(10) (Supp. 2002). Thus, the legislature granted the HCRC broad authority to promulgate and enforce rules that effectuate the State’s anti- discrimination laws.”
— Haw. Rev. Stat. § 368-17(a)(l) — 1 case
Lales v. Wholesale Motors Co.., 328 P.3d 341 (Haw. 2014).
“” HRS § 368-17(a)(10) (Supp. 2002). Thus, the legislature granted the HCRC broad authority to promulgate and enforce rules that effectuate the State’s anti- discrimination laws.”
— Haw. Rev. Stat. § 368-17(b) — 3 cases
Furukawa v. Honolulu Zoological Soc'y, 936 P.2d 643 (Haw. 1997).
“Furukawa further claims that the trial court erred in excluding evidence of his emotional distress. The trial court held that the exclusivity provision of the workers’ compensation statute, HRS § 386-5 (1993), 6 barred *17 Furukawa from making a claim for emotional distress…”
Yang v. Abercrombie & Fitch Stores, 284 P.3d 946 (Haw. App. 2012).
“2d at 652-55. The holding of the supreme court was clearly directed at upholding the power of the Civil Rights Commission and the courts to award compensatory damages pursuant to the “remedial statute designed to enforce civil rights protections and remedy the effects of…”
Chan v. Wells Fargo Advisors, LLC., 124 F. Supp. 3d 1045 (D. Haw. 2015).
“The Hawaii Supreme Court reasoned that, under section 368-17(a), which pertains to remedies before the Hawaii Civil Rights Commission, the remedies available include compensatory and punitive damages, including damages for injuries and losses caused by a violation of part 1 of…”
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