 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
French v. Hawaii Pizza Hut9/30/2004
FOR PUBLICATION
LEVINSON, ACOBA, AND DUFFY, JJ.; WITH MOON, C.J., CONCURRING SEPARATELY AND DISSENTING; AND NAKAYAMA, J., DISSENTING
We hold that the record in this case on the issue of whether a lifting restriction substantially restricts a major life activity for purposes of determining a disability pursuant to Hawaii Revised Statutes (HRS) § 378-1 (1993) was inappropriate for summary judgment. Determination of this issue requires an individualized inquiry. Because, contrary to this precept the circuit court of the first circuit (the court) granted summary judgment to Defendant-Appellee Hawaii Pizza Hut Inc. (Pizza Hut) with respect to the HRS § 378-2 (Supp. 1998) disability discrimination claim of Plaintiff-Appellant Bobbie L. French (Appellant), we vacate that aspect of the November 29, 2000 judgment and remand that part of the case to the court. However, we further hold that Appellant failed to make a prima facie showing of age discrimination on her theories of "pattern or practice" and/or "disparate treatment" by Pizza Hut, and thus the court was right in granting summary judgment as to this claim. Additionally, we hold that the court was correct in granting summary judgment as to Appellant's gender discrimination claim because her administrative complaint submitted to the Hawaii Civil Rights Commission (the HCRC) did not specify such discrimination, and such a claim was not consistent with Appellant's original theory of the case as submitted to the HCRC. Finally, we conclude the court erred in denying portions of Appellant's Motion to Compel Discovery.
I.
In June 1994, Appellant was hired by Pizza Hut as an assistant restaurant manager and was promoted to restaurant manager in August 1994. In February 1995, Appellant was transferred to the Kaimuk Pizza Hut restaurant. In April 1995, Appellant notified her supervisor that she would undergo bladder surgery and a vaginal hysterectomy. Appellant informed Pizza Hut that she would have certain work restrictions when she returned. Pizza Hut recommended that Appellant be transferred to the Stadium Mall Pizza Hut restaurant to accommodate her condition because that location purportedly had a substantially lower sales volume and less staff than the Kaimuk restaurant.
Appellant's medical leave commenced May 9, 1995, and she underwent surgery on May 19, 1995. Appellant returned to work on August 19, 1995, on medical orders not to lift over twenty pounds and not to work more than eight hours a day. Before returning to work, Appellant requested assignment to the Kaimuk restaurant, but this was denied and she transferred to the Stadium Mall location.
The Stadium Mall restaurant was allegedly chronically understaffed. Appellant confronted her supervisor regarding the inability to comply with her work restrictions due to understaffing. Despite these concerns, Appellant's supervisor instructed her to decrease the employee hours to keep labor costs at a minimum. Because other employees were unavailable to assist her, Appellant was occasionally required to work fourteen or fifteen hours a day and was frequently required to lift more than twenty-five pounds. Appellant claimed that she experienced pain lifting in excess of twenty pounds.
On September 27, 1995, Appellant met with the Director of Operations, Randall Omoto, to inform him of the effects of her health and inquire about a raise in her salary. Omoto recommended that Appellant demote herself or quit employment. Approximately one week later, Appellant's physician renewed her restriction against working more than eight hours a day and increased the lifting restriction to twenty-five pounds. On December 6, 1995, Appellant met a seco
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|