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Nelson v. University of Hawaii12/11/2001
Nelson sought general, special, and punitive damages, declaratory and injunctive relief, and attorney's fees.
In the spring of 1996, after she filed suit, Nelson's annual contract was not renewed, and her employment terminated at the end of May 1997. Although Nelson filed a formal grievance with the University, alleging ongoing discrimination and retaliation, she did not file a separate charge of discrimination with the EEOC or the HCRC based on the non-renewal of her contract in 1996. Nelson did not move to amend her complaint to include the non-renewal of her contract as a specific incident of discriminatory treatment or to include a separate claim for relief based on the non-renewal.
On October 21, 1998, Defendants filed a motion for judgment on the pleadings and summary judgment. On November 18, 1998, then-circuit court judge, the Honorable Kevin S.C. Chang, granted Defendants' motion in part, dismissing with prejudice Nelson's claims for constitutional violations, violation of public policy, negligent retention, and injunctive relief. The circuit court denied Defendants' motion with respect to all other claims without prejudice to a motion for directed verdict at trial. Consequently, the following claims proceeded to trial: (1) disability discrimination, in violation of HRS § 378-2(1)(A); (2) sex discrimination/sexual harassment, in violation of HRS § 378-2(1)(A); (3) unlawful retaliation, in violation of HRS § 378-2(2); (4) invasion of privacy; (5) negligent infliction of emotional distress (NIED); and (6) intentional infliction of emotional distress (IIED).
A. Motion in Limine
On November 25, 1998, Defendants filed a motion in limine to exclude "any reference by [Nelson] that the non-renewal of her contract was due in any way to retaliation or discrimination." In their motion, Defendants argued that the non-renewal of her contract was not an issue in this case because (1) Nelson's failure to file a charge of discrimination with the EEOC or the HCRC, based upon the non-renewal, precluded the court from considering the non-renewal as part of the discrimination claim and (2) Nelson had not stated a claim for wrongful termination. At the hearing on the motion, Nelson argued that the non-renewal of her contract was the result of the ongoing sex and disability discrimination and retaliation during her tenure at the University. Nelson maintained that she suffered emotional distress as a result of the discrimination and that the Defendants failed to provide reasonable accommodations for her disability, which eventually affected her ability to perform her job . Thus, Nelson argued that the non-renewal of her contract was relevant to the discrimination and emotional distress claims as well as the damages resulting from those claims. The trial court granted Defendants' motion, stating as follows:
Defendant[s'] motion in limine is granted in relation to, and only in relation to, the fact that it is not a cause of action; in other words, that their non-renewal of the contract is not a cause of action in relation to sexual discrimination or retaliation.
Now, that's a very fine ruling in the sense that I am not saying . . . that you're precluded from bringing up, as [the defense] has conceded, any evidence relating to the way your client was treated throughout her tenure at the university, and that obviously is admissible, but the renewal process is precluded.
B. Evidence at Trial
Testimony adduced at trial, relevant to Nelson's employment discrimination and emotional distress claims, included, inter alia, the following:
Nelson testified that, prior to accepting the position of assistant professor, she dis
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
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