Hawaii State Civil Rights Complaint (HRS Chapter 378 — Employment Practices and HRS Chapter 489 — Public Accommodations)

HAWAII CIVIL RIGHTS COMPLAINT — HRS CHAPTER 378 (EMPLOYMENT) AND HRS CHAPTER 489 (PUBLIC ACCOMMODATIONS)

TABLE OF CONTENTS

1. Caption
2. Introduction
3. Parties, Jurisdiction, and Venue
4. Administrative Exhaustion (HRS § 378-2 Counts)
5. Common Factual Allegations
6. Count I — HRS § 378-2 Employment Discrimination
7. Count II — HRS § 378-2 Hostile Work Environment / Harassment
8. Count III — HRS § 378-2 Retaliation
9. Count IV — HRS § 378-2(a)(1)(B) Failure to Accommodate (Disability / Religion / Pregnancy)
10. Count V — HRS § 489-3 Public Accommodations Discrimination
11. Count VI — Hawaii Constitutional Claim (Art. I, §§ 3, 5)
12. Count VII — Parallel Federal Claim — 42 U.S.C. § 1981 / Title VII
13. Damages
14. Prayer for Relief
15. Demand for Trial by Jury
16. Reservation of Rights
17. Signature and Service Blocks
18. Certificate of Service
19. Hawaii Practice Notes
20. Sources and References

1. CAPTION

STATE OF HAWAII

CIRCUIT COURT OF THE [FIRST / SECOND / THIRD / FIFTH] CIRCUIT

CIVIL NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF; DEMAND FOR JURY TRIAL

2. INTRODUCTION

Plaintiff [PLAINTIFF NAME] ("Plaintiff"), by and through undersigned counsel, complaining of Defendants, alleges as follows:

2.1. This is a civil action for compensatory and punitive damages, equitable relief, and attorney's fees and costs arising out of unlawful discriminatory practices in violation of the Hawaii Employment Practices Act, Hawaii Revised Statutes ("HRS") Chapter 378; Hawaii's prohibition on discrimination in public accommodations, HRS Chapter 489; the Hawaii Constitution; and parallel federal civil rights statutes.

2.2. Hawaii has the broadest civil rights protections in the United States. Under HRS § 378-1, the term "employer" reaches any person "having one or more employees" — a statutory threshold lower than every parallel federal civil rights statute. Hawaii also recognizes protected categories not covered by federal law, including arrest and court record, credit history, reproductive health decisions, and domestic or sexual violence victim status.

2.3. Defendants knowingly subjected Plaintiff to discrimination on the basis of [PROTECTED CHARACTERISTIC(S)] in violation of these statutes, causing Plaintiff economic loss, emotional distress, reputational harm, and other compensable injuries.

3. PARTIES, JURISDICTION, AND VENUE

3.1. Plaintiff [PLAINTIFF NAME] is and was at all relevant times a resident of [CITY], [ISLAND / COUNTY], State of Hawaii.

3.2. Defendant [EMPLOYER / BUSINESS NAME] ("Defendant Employer") is a [CORPORATION / LLC / SOLE PROPRIETORSHIP] organized under the laws of [STATE] and authorized to do business in the State of Hawaii, with its principal place of business at [ADDRESS], [CITY, HI ZIP].

3.3. At all relevant times, Defendant Employer employed [NUMBER] or more employees and is therefore an "employer" within the meaning of HRS § 378-1, which defines "employer" as "any person, including the State or any of its political subdivisions and any agent of such person, having one or more employees." Defendant Employer is also a "place of public accommodation" within the meaning of HRS § 489-2 to the extent applicable.

3.4. Defendant [INDIVIDUAL NAME] is and was at all relevant times an officer, manager, supervisor, and/or agent of Defendant Employer, sued in both individual and official capacities for direct conduct, aiding and abetting, and/or compelling unlawful discriminatory practices in violation of HRS § 378-2(a)(3).

3.5. This Court has subject-matter jurisdiction pursuant to HRS § 603-21.5 (general civil jurisdiction of the Circuit Courts) and HRS §§ 368-12, 368-17, 378-5, and 489-7.

3.6. Venue is proper in this Circuit pursuant to HRS § 603-36 because the unlawful conduct giving rise to this action occurred in [COUNTY / CIRCUIT] and/or because Defendant Employer maintains its principal place of business or transacts business within this Circuit.

3.7. All conditions precedent to suit, including administrative exhaustion as to the HRS § 378-2 counts, have been satisfied as set forth below.

4. ADMINISTRATIVE EXHAUSTION (HRS § 378-2 COUNTS)

4.1. On [DATE], within 180 days of the last act of discrimination, Plaintiff filed a verified charge of discrimination with the Hawaii Civil Rights Commission ("HCRC"), HCRC Charge No. [NUMBER], alleging the unlawful discriminatory practices set forth herein, in compliance with HRS § 368-11(c)(1).

4.2. The charge was dual-filed with the United States Equal Employment Opportunity Commission ("EEOC") pursuant to the HCRC-EEOC work-share agreement, EEOC Charge No. [NUMBER].

4.3. On [DATE], the HCRC issued a Notice of Right to Sue pursuant to HRS § 368-12 (and/or the EEOC issued a Dismissal and Notice of Rights pursuant to 29 C.F.R. § 1601.28). A true and correct copy is attached hereto as Exhibit A.

4.4. This action is timely commenced within ninety (90) days of Plaintiff's receipt of the HCRC Notice of Right to Sue, in compliance with HRS § 368-12, and within ninety (90) days of receipt of the EEOC Notice of Right to Sue, in compliance with 42 U.S.C. § 2000e-5(f)(1).

4.5. No administrative exhaustion is required for the HRS Chapter 489 public-accommodations count, the Hawaii constitutional count, or the 42 U.S.C. § 1981 count.

5. COMMON FACTUAL ALLEGATIONS

5.1. Plaintiff was employed by (or sought goods or services from) Defendant beginning on or about [DATE] as a [POSITION] at [LOCATION].

5.2. Plaintiff is a member of one or more classes protected under HRS § 378-2 and/or HRS § 489-3, namely [PROTECTED CHARACTERISTIC(S) — e.g., race (Native Hawaiian); sex including gender identity or expression; sexual orientation; ancestry (Filipino, Japanese, Chinese, Korean, Pacific Islander, etc.); religion; disability; arrest and court record; reproductive health decision; domestic or sexual violence victim status].

5.3. Plaintiff was at all relevant times qualified for the position held or sought, satisfactorily performed Plaintiff's duties, and met or exceeded Defendant's legitimate performance expectations.

5.4. [DESCRIBE FIRST DISCRIMINATORY INCIDENT — date, location, actor(s), conduct, witnesses.]

5.5. [DESCRIBE PATTERN OF DISCRIMINATORY CONDUCT — comparators treated more favorably, derogatory remarks, disparate disciplinary treatment, denied accommodations, denied advancement, etc.]

5.6. [DESCRIBE PROTECTED ACTIVITY — internal complaint, HR complaint, HCRC charge, EEOC charge, opposition, request for accommodation.]

5.7. [DESCRIBE ADVERSE ACTION — termination, demotion, denial of promotion, denial of equal terms, harassment, hostile environment, refusal of service.]

5.8. The proffered reasons, if any, given by Defendants for the adverse action are pretextual. [DESCRIBE PRETEXT EVIDENCE — temporal proximity, shifting explanations, comparator evidence, deviation from policy, statistical disparity, "smoking gun" statements.]

5.9. As a direct and proximate result of Defendants' unlawful conduct, Plaintiff has sustained loss of wages and benefits, loss of earning capacity, emotional distress, humiliation, mental anguish, loss of enjoyment of life, and other damages.

6. COUNT I — HRS § 378-2 EMPLOYMENT DISCRIMINATION

(Against Defendant Employer and Individual Defendant)

6.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 5.9.

6.2. HRS § 378-2(a)(1)(A) makes it an unlawful discriminatory practice for any employer to refuse to hire or employ, to bar or discharge from employment, or to otherwise discriminate against any individual in compensation or in the terms, conditions, or privileges of employment because of race; sex including gender identity or expression; sexual orientation; age; religion; color; ancestry; disability; marital status; arrest and court record; credit history or credit report; reproductive health decision; or domestic or sexual violence victim status, provided in each case that the prohibited basis is not a bona fide occupational qualification.

6.3. Defendant Employer is an "employer" within the meaning of HRS § 378-1 because it employs one or more employees. Defendants are therefore subject to HRS § 378-2 regardless of whether they meet the higher employee thresholds of Title VII (15), the ADA (15), or the ADEA (20).

6.4. Defendant Employer subjected Plaintiff to disparate treatment, denial of equal terms and conditions of employment, and/or termination because of Plaintiff's [PROTECTED CHARACTERISTIC] in violation of HRS § 378-2(a)(1)(A).

6.5. Individual Defendant aided, abetted, incited, compelled, and/or coerced the unlawful discriminatory practices, or attempted to do so, in violation of HRS § 378-2(a)(3), and is therefore individually liable.

6.6. As a direct and proximate result, Plaintiff has suffered and continues to suffer the damages described in Paragraph 5.9 and Section 13.

7. COUNT II — HRS § 378-2 HOSTILE WORK ENVIRONMENT / HARASSMENT

(Against Defendant Employer and Individual Defendant)

7.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 6.6.

7.2. Plaintiff was subjected to unwelcome conduct based on [PROTECTED CHARACTERISTIC] that was sufficiently severe or pervasive to alter the terms, conditions, or privileges of employment and that created an objectively and subjectively hostile and abusive work environment, in violation of HRS § 378-2.

7.3. Defendant Employer knew or should have known of the harassing conduct and failed to take prompt and effective remedial action.

7.4. Plaintiff complained internally and to [HR / SUPERVISOR / OWNER] on or about [DATE(S)]; Defendants failed to investigate or remediate, and the harassment continued and/or escalated.

7.5. The hostile environment was a proximate cause of Plaintiff's damages, including without limitation emotional distress, anxiety, depression, loss of sleep, and constructive/actual termination.

8. COUNT III — HRS § 378-2 RETALIATION

(Against Defendant Employer and Individual Defendant)

8.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 7.5.

8.2. HRS § 378-2(a)(2) makes it an unlawful discriminatory practice for any employer to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any unlawful discriminatory practice or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under Chapter 378.

8.3. Plaintiff engaged in protected activity by [DESCRIBE — internal complaint, HR complaint, HCRC charge, EEOC charge, request for accommodation, opposition to discriminatory practice] on or about [DATE].

8.4. Defendants were aware of Plaintiff's protected activity.

8.5. Within [NUMBER] days/weeks of Plaintiff's protected activity, Defendants subjected Plaintiff to [ADVERSE ACTION].

8.6. There is a causal connection between Plaintiff's protected activity and the adverse action, as evidenced by temporal proximity, shifting explanations, deviation from policy, [other pretext indicia], and the absence of any non-retaliatory justification.

9. COUNT IV — HRS § 378-2(a)(1)(B) FAILURE TO ACCOMMODATE (DISABILITY / RELIGION / PREGNANCY)

(Against Defendant Employer)

9.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 8.6.

9.2. Plaintiff has a [disability / sincerely held religious belief / pregnancy or pregnancy-related condition] of which Defendant Employer was aware.

9.3. Plaintiff requested a reasonable accommodation on or about [DATE], specifically [DESCRIBE ACCOMMODATION REQUESTED].

9.4. The requested accommodation was reasonable and would not have imposed an undue hardship on Defendant Employer.

9.5. Defendant Employer failed to engage in a good-faith interactive process and refused or failed to provide a reasonable accommodation, in violation of HRS § 378-2 and the parallel obligations of the Americans with Disabilities Act and Title VII.

9.6. As a direct and proximate result, Plaintiff suffered the damages described herein.

10. COUNT V — HRS § 489-3 PUBLIC ACCOMMODATIONS DISCRIMINATION

(Against Defendant)

10.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 9.6.

10.2. HRS § 489-3 makes it an unfair discriminatory practice for any operator of a place of public accommodation to deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race; sex (including gender identity or expression); sexual orientation; color; religion; ancestry; or disability, including the use of a service animal.

10.3. Defendant operates a place of public accommodation within the meaning of HRS § 489-2.

10.4. On or about [DATE], at [LOCATION], Defendant denied or attempted to deny Plaintiff the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations because of Plaintiff's [PROTECTED CHARACTERISTIC].

10.5. Pursuant to HRS § 489-7, Plaintiff is entitled to bring this private action for injunctive relief and reasonable attorney's fees, and pursuant to HRS § 368-17, to compensatory and punitive damages.

11. COUNT VI — HAWAII CONSTITUTIONAL CLAIM (Art. I, §§ 3, 5)

(Against State Actor Defendants Only)

11.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 10.5.

11.2. Article I, Section 5 of the Hawaii Constitution provides that no person shall "be denied the enjoyment of the person's civil rights or be discriminated against in the exercise thereof because of race, religion, sex, or ancestry."

11.3. Article I, Section 3 (Hawaii's Equal Rights Amendment) provides: "Equality of rights under the law shall not be denied or abridged by the State on account of sex."

11.4. Defendant [STATE / COUNTY / AGENCY / OFFICIAL IN OFFICIAL CAPACITY] acted under color of state law and discriminated against Plaintiff on the basis of [race / religion / sex / ancestry], in violation of Article I, Sections 3 and 5 of the Hawaii Constitution.

11.5. Plaintiff is entitled to declaratory and injunctive relief, and to such damages as are available under Hawaii law for state constitutional violations.

12. COUNT VII — PARALLEL FEDERAL CLAIM — 42 U.S.C. § 1981 / TITLE VII

(Against All Defendants — Plead in the Alternative)

12.1. Plaintiff realleges and incorporates Paragraphs 1.1 through 11.5.

12.2. To the extent the protected characteristic involves race, color, ancestry, or alienage, Defendants intentionally interfered with Plaintiff's right to make and enforce contracts on the same terms as enjoyed by white citizens, in violation of 42 U.S.C. § 1981.

12.3. To the extent administrative exhaustion has been satisfied, Defendants violated Title VII (42 U.S.C. § 2000e-2 and § 2000e-3) by discriminating, harassing, and retaliating against Plaintiff because of Plaintiff's [PROTECTED CHARACTERISTIC].

12.4. Plaintiff is entitled to all remedies available under federal law, including back pay, front pay, compensatory and punitive damages (subject to the 42 U.S.C. § 1981a caps where applicable; § 1981 itself is uncapped), and attorney's fees and costs under 42 U.S.C. § 1988 and § 2000e-5(k).

13. DAMAGES

13.1. Economic Damages. Past and future loss of wages, salary, bonuses, commissions, benefits (including health, retirement, and equity), and other compensation; loss of earning capacity; out-of-pocket medical and counseling expenses; job-search and relocation expenses; in an amount to be proven at trial.

13.2. Non-Economic Damages. Emotional distress, mental anguish, humiliation, embarrassment, anxiety, depression, loss of enjoyment of life, damage to reputation, and inconvenience.

13.3. Punitive Damages. Pursuant to HRS §§ 368-17, 378-5, and 489-7, and 42 U.S.C. § 1981a, Plaintiff seeks punitive damages for Defendants' willful, wanton, malicious, and reckless conduct in deliberate disregard of Plaintiff's protected civil rights. Hawaii imposes NO STATUTORY CAP on compensatory or punitive damages under Chapters 368, 378, or 489.

13.4. Statutory Civil Penalties. Pursuant to HRS § 489-8, civil penalties not to exceed $500 per violation, where applicable.

13.5. Attorney's Fees and Costs. Pursuant to HRS §§ 368-17, 378-5, 489-7, and 42 U.S.C. §§ 1988, 2000e-5(k), Plaintiff is entitled to reasonable attorney's fees, expert witness fees, and costs.

13.6. Pre-judgment and Post-judgment Interest. Pursuant to HRS §§ 478-2 and 478-3.

13.7. Equitable Relief. Reinstatement, front pay in lieu of reinstatement, expungement of personnel records, restoration of seniority and benefits, injunctive relief prohibiting further discrimination, and posting of notice.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully demands judgment against Defendants, jointly and severally, as follows:

• A. For compensatory damages in an amount to be proven at trial, including all economic and non-economic damages described herein;
• B. For punitive damages in an amount sufficient to punish and deter, with no statutory cap under Hawaii law;
• C. For statutory civil penalties under HRS § 489-8 where applicable;
• D. For equitable relief, including reinstatement (or front pay in lieu thereof), back pay, injunctive relief, and declaratory relief;
• E. For reasonable attorney's fees, expert witness fees, and costs of suit pursuant to HRS §§ 368-17, 378-5, 489-7, and 42 U.S.C. §§ 1988, 2000e-5(k);
• F. For pre-judgment and post-judgment interest at the highest rate allowed by law;
• G. For such other and further relief as this Court deems just and proper.

15. DEMAND FOR TRIAL BY JURY

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Haw. R. Civ. P. 38, the Seventh Amendment to the United States Constitution, and Article I, Section 13 of the Hawaii Constitution.

16. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Haw. R. Civ. P. 15 to assert additional claims, theories of liability, or parties as may be revealed through discovery.

17. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Hawaii Bar No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, HI ZIP]

Telephone: [NUMBER]

Facsimile: [NUMBER]

Email: [EMAIL]

18. CERTIFICATE OF SERVICE

I hereby certify that on this [____] day of [_______________], 20[____], a true and correct copy of the foregoing COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF was duly served upon Defendants pursuant to Haw. R. Civ. P. 4 and/or by [hand delivery / certified mail, return receipt requested / Hawaii Judiciary Information Management System (JIMS) e-filing] to the following:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

19. HAWAII PRACTICE NOTES

• One-employee threshold (broadest in nation). HRS § 378-1 defines "employer" to include any person "having one or more employees." This is uniquely broad and reaches micro-employers, sole proprietors, and small partnerships that fall below the federal Title VII (15-employee) and ADEA (20-employee) thresholds. Always plead the threshold affirmatively to defeat a Rule 12(b)(6) coverage challenge.
• Broad protected classes. HRS § 378-2 protects all federally protected categories plus several Hawaii-specific categories not recognized under federal law: arrest and court record (HRS § 378-2.5); credit history or credit report (with exceptions); reproductive health decisions; domestic or sexual violence victim status; gender identity or expression; and breastfeeding. HRS § 489-3 covers race, sex (including gender identity/expression), sexual orientation, color, religion, ancestry, and disability (including service animals) in public accommodations.
• No damages cap. HRS §§ 368-17 and 378-5 expressly authorize compensatory and punitive damages with no statutory cap. This is one of the most plaintiff-favorable damages regimes among state civil rights statutes and provides a powerful counterweight to the 42 U.S.C. § 1981a federal caps.
• Administrative exhaustion (Chapter 378 only). A claimant must file with the HCRC within 180 days of the last discriminatory act (HRS § 368-11(c)(1)) and file civil suit within 90 days of receipt of the Notice of Right to Sue (HRS § 368-12). EEOC dual-filing extends the federal deadline to 300 days. No exhaustion is required for Chapter 489 (public accommodations), constitutional, or § 1981 counts.
• Individual liability. HRS § 378-2(a)(3) reaches "any person, whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part." Supervisors, HR officers, and managers may be sued individually.
• Collateral employment statutes. Consider pleading parallel claims under HRS § 378-32 (lawful off-duty conduct), HRS § 378-62 (Whistleblowers' Protection Act), HRS § 378-2.3 (equal pay; pay-history-inquiry ban), and HRS § 378-32 (workers' compensation retaliation) where supported by the facts.
• Service of process. Haw. R. Civ. P. 4 governs service. Corporate defendants may be served on a registered agent listed with the Hawaii Department of Commerce and Consumer Affairs (DCCA) Business Registration Division.
• Forum-selection considerations. Plaintiff-friendly state damages regime and uncapped fee-shifting often counsel filing in state court. Pleading only state-law claims forecloses removal under 28 U.S.C. § 1441. Adding § 1981 or Title VII counts permits removal; weigh strategically.
• Statute of limitations. For HRS § 378-2 employment claims, 90 days post-Notice of Right to Sue (HRS § 368-12). For HRS § 489 public accommodations, the residual six-year statute of limitations under HRS § 657-1 applies to private actions absent express limitation. For Hawaii constitutional claims, two years under HRS § 657-7 (general personal-injury limitation). For § 1981, four years under 28 U.S.C. § 1658.
• Mediation. Hawaii Circuit Courts routinely refer civil rights cases to court-annexed mediation. The HCRC also offers pre-determination mediation.

20. SOURCES AND REFERENCES

• HRS Chapter 378 (Employment Practices) — https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/
• HRS § 378-2 (Discriminatory practices made unlawful) — https://www.capitol.hawaii.gov/hrscurrent/vol07_ch0346-0398/HRS0378/HRS_0378-0002.htm
• HRS Chapter 368 (Civil Rights Commission) — https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0368/
• HRS Chapter 489 (Discrimination in Public Accommodations) — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0489/
• Hawaii Civil Rights Commission — https://labor.hawaii.gov/hcrc/
• HCRC FAQs — https://labor.hawaii.gov/hcrc/faqs/
• Hawaii Constitution — https://lrb.hawaii.gov/constitution/
• Hawaii Rules of Civil Procedure — https://www.courts.state.hi.us/legal_references/rules/rulesOfCourt
• HCRC Discrimination in Public Accommodations Flyer — https://labor.hawaii.gov/hcrc/files/2023/05/Discrimination-Public-Accommodations-Flyer-9.19.2023.pdf
• Schefke v. Reliable Collection Agency, 96 Haw. 408 (2001) (HRS § 378-2 retaliation standard)
• Furukawa v. Honolulu Zoological Soc'y, 85 Haw. 7 (1997) (disparate-treatment framework under HRS § 378-2)
• Arquero v. Hilton Hawaiian Vill. LLC, 104 Haw. 423 (2004) (hostile work environment under HRS § 378-2)
• Sam Teague, Ltd. v. Hawai'i Civil Rights Comm'n, 89 Haw. 269 (1999) (HCRC remedial powers)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Hawaii must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.