Hawaii Employment Law Decisions Jan. 1, 2017 to Jan. 7, 2017 – Jeffrey S. Harris

District court granted summary judgment against discrimination, retaliation and harassment claims under title VII, section 1985 and HRS § 378-2.  Misconduct by former employee was legitimate nondiscriminatory reason for termination which he did not prove was pretextual.  Employer investigated and took corrective action when former employee complained about inappropriate remarks by coworkers.  District court granted summary judgment against retaliation and harassment claims under HRS § 378-62.  Reporting discrepancies between the contract and actual construction to project owner was not protected conduct.  District court granted summary judgment against claims of intentional and negligent infliction of emotional distress.  Former employee identified no outrageous conduct or physical injury suffered respectively.  Brown v. DCK Worldwide LLC, 2017 U.S. Dist. LEXIS 1443 (D. Haw. Jan. 5, 2017).

Note: We analyze cases to learn rules the courts will follow or disappoint us if they don't. Rules that the courts follow allow us to behave and provide explanations they accept. But competent advocates may limit the rules to the facts of the case where they are discussed, or expand rules by showing that differences in other cases are irrelevant.