[PART II.  REMEDIES]

 

Revision Note

 

  Part II designation added by revisor.

 

Case Notes

 

  No intentional infliction of emotional distress as commission's act of sending official letter to settle complaint if appellant paid monetary damages and took out newspaper ad not "outrageous" conduct.  88 H. 85, 962 P.2d 344.

  The commission is subject to a duty to follow its own administrative rules, utilizing reasonable care, and was potentially negligent for instituting legal action barred by its own administrative rules.  88 H. 85, 962 P.2d 344.

  Where appellant's counterclaim lacked any allegation of physical injury to appellant or another as a result of the conduct of the commission, action for negligent infliction of emotional distress could not be maintained.  88 H. 85, 962 P.2d 344.

 

     §368-11  Complaint against unlawful discrimination.  (a)  The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by part I of chapter 489, chapter 515, part I of chapter 378, and this chapter.  Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission's executive director a complaint in writing that shall state the name and address of the person or party alleged to have committed the unlawful discriminatory practice complained of, set forth the particulars thereof, and contain other information as may be required by the commission.  The attorney general, or the commission upon its own initiative may, in like manner, make and file a complaint.

     (b)  A complaint may be filed on behalf of a class by the attorney general or the commission, and a complaint so filed may be investigated, conciliated, heard, and litigated on a class action basis.

     (c)  No complaint shall be filed after the expiration of one hundred eighty days after the date:

     (1)  Upon which the alleged unlawful discriminatory practice occurred; or

     (2)  Of the last occurrence in a pattern of ongoing discriminatory practice.

     (d)  For the purposes of this chapter "unlawful discriminatory practice" means an unfair discriminatory practice or like terms, as may be used in part I of chapter 489, chapter 515, or part I of chapter 378. [L 1989, c 386, pt of §1; am L 1991, c 252, §3; am L 2001, c 55, §17(2), (3)]

 

Case Notes

 

  Where original complaint was timely filed under subsection (c), amendment of complaint pursuant to Hawaii administrative rule §12-46-6.1 to add agent of employer responsible for alleged discriminatory conduct also did not violate statute of limitations under this section.  89 H. 269, 971 P.2d 1104.