 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
French v. Hawaii Pizza Hut9/30/2004
for "age" and "disability" in the "cause of discrimination" section of the form. Although Appellant was not the drafting party, she signed each page of the HCRC complaint. As to the discrimination claims, Appellant had the opportunity to mark a box labelled "sex" and/or to amend the administrative complaint to add a claim for gender discrimination. Ultimately, it was Appellant's responsibility to insure thatthe forms were accurate. According to HAR ยง 12-46-5(d), the HCRC merely offers assistance to the complainant in the drafting and filing of the written complaint.
In analogous circumstances, the Ninth Circuit Court of Appeals held that the plaintiff's state statutory claims of sexual harassment were preserved despite her failure to include specific allegations of sexual harassment on her HCRC form. B.K.B. v. Maui Police Dep't, 276 F.3d 1091, 1095, 1103 (9th Cir. 2002). In B.K.B., the plaintiff neglected to include specific allegations of sexual harassment in her HCRC complaint. B.K.B is distinguishable, however, because, inter alia, (1) the plaintiff had checked the box indicating a charge of sexual harassment and (2) an HCRC official provided an affidavit stating that the plaintiff's "Right to Sue Letter was intended by the agency to afford her the right to pursue claims of sexual . . . harassment" and that the agency typed the factual allegations in the charge on the plaintiff's behalf. Id. at 1100-01.
The Court of Appeals went on to state that the language of Equal Employment Opportunity Commission charges should be construed "'with the utmost liberality since they are made by those unschooled in the technicalities of formal pleading." Id. at 1100 (quoting Kaplan v. Int'l Alliance of Theatrical & Stage Employees, 525 F.2d 1354, 1359 (9th Cir. 1975)). "The crucial element of a charge of discrimination is the factual statement therein." Id. In this light, the Court of Appeals set forth several factors to consider:
In determining whether a plaintiff has exhausted allegations that she did not specify in her administrative charge, it is appropriate to consider such factors as the alleged basis of discrimination, dates of discriminatory acts specified within the charge, perpetrators of discrimination named in the charge, and any locations at which discrimination is alleged to have occurred. In addition, the court should consider plaintiff's civil claims to be reasonably related to allegations in the charge to the extent that those claims are consistent with the plaintiff's original theory of the case.
Id. (emphasis added). The Ninth Circuit reasoned that complainants who file discrimination charges are "laypersons and should not be held to a higher standard of legal pleading" than that employed with respect to a civil complaint. Id. at 1103.
Applying the foregoing factors set forth in B.K.B. to this case, we come to the same conclusion that Appellant's charge form, the "HCRC investigator's notes," and "List of Important Dates" addendum to the HCRC Pre-Complaint Questionnaire are relevant. These documents reveal that the transfer of Appellant to the Stadium Mall Pizza Hut and the higher pay of younger restaurant managers formed the bases of Appellant's declarations. Omoto was the only person named as responsible for transferring Appellant to the Stadium Mall Pizza Hut and denying Appellant's request for a raise, based on age and/or disability. The documents do not provide any facts indicating sex or gender discrimination. Indeed, in the "List of Important Dates" prepared by Appellant, the example of a pay discrepancy involved a female waitress, who allegedly was paid more but possessed less experience than Appellant. Under the circumstances, gender discr
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.
|
|