Remedies
HRS §378-5
in effect378-5. Remedies
(a) The commission may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, restoration to membership in any respondent labor organization, or other remedies as provided under chapter 368, which in the judgment of the commission, will effectuate the purpose of this part, including a requirement for reporting on the manner of compliance.
(b) In any civil action brought under this
part, if the court finds that a respondent has engaged in or is engaging in any
unlawful discriminatory practice as defined in this part, the court may enjoin
the respondent from engaging in such unlawful discriminatory practice and order
such affirmative action as may be appropriate, which may include, but is not
limited to, reinstatement, hiring, or upgrading of employees, with or without
backpay, or restoration of membership in any respondent labor organization, or
any other equitable relief the court deems appropriate. Backpay liability
shall not accrue from a date more than two years prior to the filing of the
complaint with the commission.
(c) In any action brought under this part, the
court, in addition to any judgment awarded to the plaintiff or plaintiffs,
shall allow costs of action, including costs of fees of any nature and
reasonable attorney's fees, to be paid by the defendant.
[L 1981, c 94, pt of
§2; am L 1989, c 386, §9]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-0005.htmFetched: 11/10/2026