Hawaii Revised Statutes
378. Employment Practices
378-63 Civil actions for injunctive relief or damages.

§378-63 Civil actions for injunctive relief or damages. (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.
(b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business.
(c) As used in subsection (a), "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney fees. [L 1987, c 267, pt of §1; am L 2002, c 56, §3]
Case Notes
Plaintiff's state whistleblower claim under §378-62 barred, where plaintiff did not file complaint until well after the ninety-day period after the most recent alleged violation of the whistleblowers' protection act. 75 F. Supp. 2d 1113 (1999).
Count of complaint alleging that plaintiff was wrongfully discharged in violation of 31 U.S.C. §3730(h) of the False Claims Act was time-barred, where the court found that the Hawaii Whistleblowers' Protection Act provided the state cause of action most closely analogous to a 31 U.S.C. §3730(h) claim for retaliatory discharge, and thus applied a ninety-day statute of limitations to plaintiff's claim for retaliatory discharge. 362 F. Supp. 2d 1203 (2005).
Plaintiff's Whistleblowers' Protection Act claim was time-barred, where plaintiff took more than two years after the date of the last adverse action that plaintiff identified as relevant to the lawsuit to file suit. 938 F. Supp. 2d 1000 (2013).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 21. Labor and Industrial Relations

378. Employment Practices

378-1 to 378-10 REPEALED. §378-1 Definitions.

378-2 Discriminatory practices made unlawful; offenses defined.

378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.

378-2.3 Equal pay; sex discrimination. (a) No employer shall discriminate between employees because of sex, by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to employees of the opposite se...

378-2.4 Employer inquiries into and consideration of salary or wage history.

378-2.5 Employer inquiries into conviction record.

378-2.7 Employer inquiries into and consideration of credit history or credit report.

378-3 Exceptions.

378-4 Enforcement jurisdiction.

378-5 Remedies.

378-6 Inspection; investigation; records.

378-7 to 378-9 REPEALED.

378-10 REPEALED.

378-21 and 378-22 REPEALED.

378-26 Definitions.

378-26.5 Unlawful practices.

378-27 Exception.

378-27.5 Enforcement jurisdiction; complaint against unlawful practice.

378-28 Power of department to prevent unlawful practice.

378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.

378-29 Rules.

378-29.3 Penalties.

378-31 Definitions.

378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination.

378-33 Complaint against unlawful suspension, discharge, or discrimination.

378-34 Proceeding and hearing on complaint.

378-35 Findings and order.

378-36 Judicial review.

378-37 Enforcement of order; judgment rendered thereon.

378-38 Rules and regulations.

378-51 Action against labor organization, limitation.

378-61 Definitions.

378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law.

378-63 Civil actions for injunctive relief or damages.

378-64 Remedies ordered by court.

378-65 Penalties for violations

378-66 Collective bargaining and confidentiality rights, takes precedence.

378-67 Compensation for employee participation in investigation, hearing, or inquiry.

378-68 Notices of employee protections and obligations.

378-69 Conflict with common law, precedence.

378-70 Protected disclosure by a public employee.

378-71 Definitions.

378-72 Leave of absence for domestic or sexual violence.

378-73 Relationship to other leaves.

378-74 Effect on employment and collective bargaining agreements; benefits.

378-81 Reasonable accommodations.

378-82 Civil actions.

378-91 Definitions.

378-92 Opportunity to express milk.

378-93 Civil actions for injunctive relief or damages.

378-101 Definitions.

378-102 Unlawful practices.

378-103 Exception.

378-104 Civil actions for injunctive relief or damages.