CHAPTER 378
EMPLOYMENT PRACTICES
Part I. Discriminatory Practices
Section
378-1 Definitions
378-2 Discriminatory practices made unlawful; offenses
defined
378-2.3 Equal pay; sex discrimination
378-2.5 Employer inquiries into conviction record
378-3 Exceptions
378-4 Enforcement jurisdiction
378-5 Remedies
378-6 Inspection; investigation; records
378-7 to 9 Repealed
378-10 Breastfeeding
Part II. Lie Detector Tests
378-26 Definitions
378-26.5 Unlawful practices
378-27 Exception
378-27.5 Enforcement jurisdiction; complaint against unlawful
practice
378-28 Power of department to prevent unlawful practice
378-28.5 Investigation; oaths; affidavits; subpoena; witnesses;
immunities
378-29 Rules
378-29.3 Penalties
Part III. Unlawful Suspension or Discharge
378-31 Definitions
378-32 Unlawful suspension, discharge, or discrimination
378-33 Complaint against unlawful suspension, discharge, or
discrimination
378-34 Proceeding and hearing on complaint
378-35 Findings and order
378-36 Judicial review
378-37 Enforcement of order; judgment rendered thereon
378-38 Rules and regulations
Part IV. Fair Representation
378-51 Action against labor organization, limitation
Part V. Whistleblowers' Protection Act
378-61 Definitions
378-62 Discharge of, threats to, or discrimination against
employee for reporting violations of law
378-63 Civil actions for injunctive relief or damages
378-64 Remedies ordered by court
378-65 Penalties for violations
378-66 Collective bargaining and confidentiality rights,
takes precedence
378-67 Compensation for employee participation in
investigation, hearing, or inquiry
378-68 Notices of employee protections and obligations
378-69 Conflict with common law, precedence
Part VI. Victims Leave
378-71 Definitions
378-72 Leave of absence for domestic or sexual violence
378-73 Relationship to other leaves
378-74 Effect on employment and collective bargaining
agreements; benefits
Law Journals and Reviews
Federal Labor Law Preemption and Hawaii's Work-Injury Discharge Law, Kevin Kennedy, 16 HBJ 37.
Employee Rights Under Judicial Scrutiny: Prevalent Policy Discourse and the Hawai‘i Supreme Court. 14 UH L. Rev. 189.
Case Notes
Does not bar common law remedies; exclusive remedy for constructive discharge claim based on sexual harassment. 634 F. Supp. 684.
If plaintiff was alleging public policy wrongful discharge claim based on Parnar v. Americana Hotels, Inc., and §378
32(2), plaintiff's claim was barred, since this chapter provided sufficient remedy for its violation. 938 F. Supp. 1503.
Plaintiff's resort to a possible common law action of violation of public policy barred, where plaintiff was making claims of retaliation through wrongful denial of promotion based upon § [sic] 378; that type of claim was analogous to a wrongful discharge claim and § [sic] 378 provided a sufficient remedy for retaliation. 75 F. Supp. 2d 1113.
Defendant's countermotion for partial summary judgment denied as to claim premised under this chapter of the Hawaii Discriminatory Employment Practices Act [sic] (HDEPA), where defendant could be held individually liable under the HDEPA barring application of other defenses. 112 F. Supp. 2d 1041.
Plaintiff did not have to obtain a right to sue letter from Hawaii civil rights commission to bring plaintiff's chapter 378 claims for sexual harassment. 159 F. Supp. 2d 1211.
Plaintiff failed to properly state a claim for relief under the Americans with Disabilities Act or this chapter, where plaintiff argued that reference to general "statutory civil rights" in the title of the second count of the complaint was sufficient. 284 F. Supp. 2d 1261.
Plaintiff asserted discrimination claims against plaintiff's supervisor and employer, and the alleged parent company of the employer, pursuant to this chapter and federal law. Defendants' motion for partial dismissal or alternatively, for partial summary judgment granted in part (e.g., claims based on national origin and aiding and abetting) and denied in part (e.g., claims based on color). 322 F. Supp. 2d 1101.
Where plaintiff asserted viable claims against defendants under 42 U.S.C. §1981, Title VII, and this chapter, and each of the statutes provided a sufficient remedy such that the court did not need to fashion any further remedy under the public policy exception, defendants' motion for partial summary judgment granted on plaintiff's claim for violation of public policy. 322 F. Supp. 2d 1101.