HRS 0378- ANNOTATIONS
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.