 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Nelson v. University of Hawaii12/11/2001
vironment. Majority at 23 (quoting Steinberg, 88 Hawaii at 18, 960 P.2d at 1226 (citing Ellison, 924 F.2d at 879)) (emphases added).
But Steinberg misconstrues Ellison. In truth, Ellison actually states quite differently:
e hold that a female plaintiff states a prima facie case of hostile environment sexual harassment when she alleges conduct which a reasonable woman would consider sufficiently severe or pervasive to alter the conditions of employment and create an abusive working environment. Ellison, 924 F.2d at 879 (emphasis added).
In other words, Steinberg adopted the "separate element/alternative means" method based exclusively on a misapprehended case. As a result, this court should rectify such error or, at least, fully explain its divergence from federal case law. To neglect such a glaring error would be to compound mistakes and muddle the jurisprudence in this complex area of law.
Indeed, it appears odd that this court would diverge from federal case law without explanation, especially given that we have long declared that federal case law is highly instructive in the area of employment discrimination. Only recently, this court noted that "Hawaii employment discrimination law was enacted to provide victims of employment discrimination the same remedies, under state law, as those provided by Title VII of the Federal Civil Rights Act of 1964." Sam Teague, Ltd., 89 Hawaii at 281, 971 P.2d at 1116 (citing Hse Stand. Comm. Rep. No. 549, in 1981 House Journal, at 1166; Sen. Stand. Comm. Rep. No. 1109, in 1981 Senate Journal, at 1363). Thus, "the federal courts' interpretation of Title VII is useful in construing Hawaii's employment discrimination law." Id. (citing Furukawa v. Honolulu Zoological Soc'y, 85 Hawaii 7, 13, 936 P.2d 643, 649 (1997)); see also Shoppe v. Gucci America, Inc., 94 Hawaii 368, 377, 14 P.3d 1049, 1058 (2000). Especially where the state and federal statutory provisions are similar, this court explained, "The federal courts have considerable experience in analyzing these cases, and we look to their decisions for guidance." Shoppe, 94 Hawaii at 377, 14 P.3d at 1058 (quoting Furukawa, 85 Hawaii at 13, 936 P.2d at 649). In fact, as far as I can tell, this court has followed federal case law in the employment discrimination area -- particularly where Hawaii and federal statutory provisions are similar -- in almost all cases. See, e.g., Shoppe, 94 Hawaii at 368, 14 P.3d at 1049 (prima facie claim and burden-shifting in age discrimination context); Sam Teague, Ltd., 89 Hawaii at 269, 971 P.2d at 1104 (unemployment benefits as collateral source payments); Furukawa, 85 Hawaii at 7, 936 P.2d at 643 (similarly situated employees); Puchert v. Agsalud, 67 Haw. 25, 677 P.2d 449 (1984) (unlawful retaliatory discharge). In this case, not only are the relevant federal and state statutory provisions similar, compare 42 U.S.C. § 2000e-2(a)(1); with HRS § 378-2(1)(a) (1993), but the applicable EEOC guideline and the HCRC's rule are identical, compare 29 C.F.R. § 1604.11(a)(3); with HAR § 12-46-109. Yet the majority insists that this court diverged from federal case law in Steinberg without explanation.
Relatedly, given our traditional consideration of federal case law, it seems unusual to trailblaze a new path --especially one contrary to federal law -- with no more than one mis-cited citation to a federal case. To worsen matters, the majority discounts the vast body of established federal case law as "confusing." Majority at 34. But these cases are confusing and inconsistent only when applying the "separate element/ alternative means" analysis.
Third, federal case law not only rejects the "separate element/alternative means" approach,
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Hawaii Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|