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French v. Hawaii Pizza Hut9/30/2004
nd time with Omoto regarding her health problems. After the meeting, Appellant informed Omoto that she would immediately take vacation leave for two weeks. On December 18, 1995, Pizza Hut terminated Appellant for taking a vacation without authorization and adequate notice.
On March 19, 1996, Appellant filed a "Charge of Discrimination" against Pizza Hut with the HCRC for disability and age discrimination. On March 13, 1998, the HCRC issued a right-to-sue letter based on a finding of no cause. Appellant filed her complaint with the court on June 15, 1998. She alleged two claims for relief: (1) discrimination based on disability or perceived disability because of Pizza Hut's failure to reasonably accommodate her disability or perceived disability; and (2) discrimination in compensation based on age, gender, race and/or national origin.
On March 23, 2000, Appellant served her First Request For Production of Documents to Pizza Hut. Pizza Hut refused, inter alia, to produce (1) documents relating to (a) employee medical leaves, (b) employee transfers, (c) sales volume, and (d) Stadium Mall shift schedules; (2) Stadium Mall Pizza Hut personnel files; and (3) termination or resignation records of Stadium Mall employees. On August 22, 2000, Appellant filed a motion to compel discovery as to her request. On September 13, 2000, the court denied the motion in part.
On August 28, 2000, Pizza Hut filed its motion for summary judgment which was granted on October 10, 2000. Judgment was entered on November 29, 2000 in favor of Pizza Hut on all claims on the grounds that: (1) Appellant's impairment did not constitute a disability within the meaning of HRS § 378-2; (2) Appellant failed to establish a prima facie showing of age discrimination to establish a violation of HRS § 378-2; and (3) Appellant was precluded from bringing a claim of gender discrimination under HRS § 378-2 because she had neglected to raise the claim with the HCRC.
II.
On December 29, 2000, Appellant appealed from the judgment to this court. An award of summary judgment is reviewed de novo under the same standard applied by the circuit court. Amfac, Inc. v. Waikiki Beachcomber Inv. Co., 74 Haw. 85, 104, 839 P.2d 10, 22, reconsideration denied, 74 Haw. 650, 843 P.2d 144 (1992); see also Bitney v. Honolulu Police Dep't, 96 Hawaii 243, 250, 30 P.3d 257, 264 (2001); Shoppe v. Gucci Am., Inc., 94 Hawaii 368, 376, 14 P.3d 1049, 1057 (2000). Summary judgment "is appropriate where there is no genuine issue as to the material fact and the moving party is entitled to judgment as a matter of law." Ross v. Stouffer Hotel Co., 76 Hawaii 454, 457, 879 P.2d 1037, 1040 (1994). All evidence and inferences must be viewed in the light most favorable to the non-moving party. Maguire v. Hilton Hotels Corp., 79 Hawaii 110, 112, 899 P.2d 393, 395 (1995).
III.
As to her claim of disability discrimination, Appellant maintains that the court erred (1) in concluding that Appellant's limitation on lifting over twenty-five pounds did not constitute an impairment under HRS § 378-2, (2) in deciding that a twenty-five-pound lifting restriction does not constitute a substantial limitation of a major life activity, (3) in not ruling on Appellant's claim that she was regarded by Pizza Hut as having a disability, and (4) in failing to reach the issue of whether Appellant's transfer to the Stadium Mall restaurant constituted a reasonable accommodation of her disability.
As to her claims of compensation discrimination based on age, gender, race and national origin, Appellant contends that the court erred in concluding that: (1) Appellant failed to exhaust her administrative remedies regarding her
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