Hawaii Employment Law Decisions July 31, 2016 to August 6, 2016 - Jeffrey S. Harris

Ninth Circuit Court of Appeals

District court erred by granting summary judgment against ADEA retaliation claim, because employee received hostile treatment from supervisor shortly after he agreed to testify on behalf of a coworker's ADEA claim, and employee offered evidence suggesting his negative performance reviews, supervisor's hostility towards him and ultimate decision to fire him were all tied to his decision to testify.  Stillwell v. City of Williams, 2016 U.S. App. LEXIS 14430 (9th Cir. Aug. 5, 2016).

District court did not err by granting summary judgment against ADEA claim based on events in 2000, because employee failed to raise dispute of material fact whether she filed timely charges.  Staudenmaier v. Orange County Department of Education, 2016 U.S. App. LEXIS 14177 (9th Cir. Aug. 3, 2016).

Hawaii Intermediate Court of Appeals

Intermediate Court of Appeals dismissed appeal from Circuit Court's order enforcing an arbitrator's subpoena and discovery related order for lack of jurisdiction, because the appeal involved no final arbitration award.  In the Matter of the Arbitration Between United Public Works AFSCME, Local 646, AFL-CIO v. City and County of Honolulu, 2016 Haw. App. Lexis 361 (Int. Ct. App. Aug. 4, 2016).