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378-7 to 9 Repealed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

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.

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.