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Nelson v. University of Hawaii12/11/2001
sing Act 275 as a response to "concerns that victims of sexual harassment were often so traumatized by the occurrence that they might fail to file with the commission within 180 days" (internal quotation marks omitted)). Act 275 not only amended HRS § 386-5 to make an exception to the exclusive remedy provision of the workers' compensation law, but it also, inter alia, amended Hawaii's HRS chapter 378 (prescribing discriminatory practices) by adding HRS § 378-3(10) (1993), which excepts victims of sexual harassment and sexual assault from having to file discrimination complaints with the HCRC under HRS § 378-4 (1993). 1992 Haw. Sess. L. Act 275, § 1 at 721. The legislative history confirms that the purpose of Act 275 was "to amend Chapters 378 and 386 . . . to enable employees to file civil actions premised on sexual harassment or sexual assault arising out of and in the course of employment." Hse. Conf. Comm. Rep. No. 21, in 1992 House Journal, at 799; see also Hse. Stand. Comm. Rep. No. 766, in 1991 House Journal, at 1107 (stating that "persons seeking statutory relief under Hawaii Workers' Compensation Law should not be precluded from maintaining a cause of action arising out of the same facts as the workers' compensation claim in a court of law"). Thus, Act 275 was enacted for a remedial purpose and must be "construed liberally in order to accomplish the purpose for which it was enacted." Alvarez v. Liberty House, Inc., 85 Hawaii 275, 278, 942 P.2d 539, 542 (1997) (citing Flores v. United Air Lines, Inc., 70 Haw. 1, 12, 757 P.2d 641, 647 (1988)).
The legislative history further reveals that lawmakers considered and rejected language limiting the emotional distress claims covered by the exception to intentional infliction of emotional distress. The initial version of House Bill No. 2131, introduced in 1991, actually limited the exception to claims based on intentional conduct, proposing the addition of the following subsection to HRS § 386-5:
Nothing in this chapter shall preclude any person from maintaining a cause of action for intentional infliction of emotional distress or intentional invasion of privacy. 1991 H.B. 2131 (emphases added); see also Hse. Stand. Comm. Rep. No. 766, in 1991 House Journal, at 1107. The bill went through several amendments before reaching its final form. See H.B. 2131, S.D. 1; H.B. 2131, S.D. 1, C.D. 1; see also Sen. Stand. Comm. Rep. No. 2588, in 1992 Senate Journal, at 1155.
Although we cannot determine from the legislative history the specific reasons for deleting the "intentional" language, Act 275, in its final form, excepted claims of "infliction of emotional distress" related to sexual harassment, without limitation, from the exclusive remedy provision. 1992 Haw. Sess. L. Act 275, § 2 at 722.
Inasmuch as (1) the plain language of the exception in HRS § 386-5 applies to claims for "infliction of emotional distress" without limitation, (2) the exception was a remedial provision that must be construed liberally, and (3) the legislative history does not support limiting the exception to intentional infliction of emotional distress claims, we conclude that the exclusive remedy provision of the workers' compensation law does not bar claims for NIED related to sexual harassment.
Here, Nelson's claim for NIED was premised on the same conduct as --and, thus, "related to" -- her sexual harassment claim. By agreement of the parties, the court instructed the jury as to the elements of NIED as follows:
Plaintiff may recover damages for negligent infliction of emotional distress only if she proves that a reasonably prudent person in the same situation and possessing the same knowledge as Defendants would have fores
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