Hawaii Employment Law Cases September 17, 2017 to September 23, 2017 – Jeffrey S. Harris

U.S. District Court, District of Hawaii

District Court dismissed EEOC’s sexual harassment, constructive discharge and retaliation claims on behalf five former male employees, with leave to amend.  Events associated with first two former employees’ claims occurred more than 300 days before charging party filed his charge with the EEOC.  The first employee suffered no adverse employment action.  The complaint insufficiently plead allegations regarding constructive discharge of first, third and fourth former employees.  The harassment alleged by the fourth former employee was neither severe nor pervasive.  Several of the defendants did not employ the former employees.  EEOC v. Discovering Hidden Haw. Tours, Inc., 2107 U.S. Dist. LEXIS 154576 (D. Haw. Sept. 21, 2017).

Note: We analyze cases to learn rules courts will follow or disappoint us if they do not. Rules courts follow allow us to behave and provide explanations they accept. Competent advocates may limit the rules to the facts of the case that discuss them, or expand the rules by showing differences in other cases are irrelevant.