Saturday, October 12, 2024
Hawai'i Free Press

Current Articles | Archives

Saturday, March 24, 2012
Lawsuits, Workers Comp Claims Detail Violence, Retaliation at State DoT
By Selected News Articles @ 4:17 PM :: 9661 Views :: Ethics, Hawaii State Government, Labor

Hawaii Department of Transportation employees push for law against workplace bullying and violence

by Clayton C. Ikei

Honolulu, HI, March 19, 2012: Hawaii Department of Transportation employees Donna Jinbo and Jennie Wolfe reached a settlement agreement on March 1, 2012 (Civil No. 10-1-1029-05 RAN) for a violation of the Whistleblowers Act by their employer after reporting that they endured years of workplace bullying by their supervisor.

In the settlement, they each were awarded $30,000, subject to approval by the Legislature. Also, their former supervisor, who was named as a defendant in their complaint, would no longer be allowed to supervise or work with them as long as they remain employed by the DOT Airports Division. Each party is also responsible for their own attorney’s fees and costs, which means taxpayers’ pay for the cost of the defense.

While this agreement may have “settled” workplace environment issues for Jinbo and Wolfe, during the process these DOT employees discovered first-hand how ineffective a Workplace Violence Policy can be if there is no law in place to back up the policy.

Jinbo and Wolfe are now lobbying the Hawaii State Legislature to pass Senate Bill 2487 on workplace violence to provide legal recourse for a public employee who has been victimized by another public employee. Passage of the law would ensure that all public workers who are victims of workplace violence would have the right to file a direct claim against their employer.

The Senate Judiciary and Labor (JDL) Committee passed the bill this session as SB2487 SD1, but the Senate Ways and Means (WAM) Committee, chaired by Sen. David Ige, deferred the bill on February 28.

After hearing SB2487 SD1, the JDL committee report on Feb. 17, 2012, stated the following: “Existing occupational safety and health laws obligate employers to provide a safe work environment. However, these laws do not provide for a safe work environment free from abusive conduct from employees. This measure provides protection against abusive conduct in the workplace as well as cause of action and remedies.”

Many examples of other employee complaints were listed in testimony submitted to WAM on Feb. 28, 2012, by Elizabeth-Ann Kahalaopuna Motoyama, former Equal Employment Officer for the state of Hawaii Department of Transportation (HDOT). She said that there were a total of seven employment-based lawsuits against HDOT presently filed in state or federal court, at various stages of litigation, some involving workplace violence in one form or another. Also, there are Workers’ Compensation claims filed as a result of workplace violence at different stages of that process.

Motoyama testified: “It is important that if nothing else, this committee will see the potential for liability if these acts of abuse and violence against state of Hawaii employees are not defined as prohibited and deterred by the existence of a law that prohibits such abhorrent practices. The cost of enforcement will be much less than the payout of damages.”

In her testimony to the WAM committee, Jinbo agreed, saying that the cost of litigation, now and in the future “is much larger than the cost of implementing a program and a law that will back the program.”

Wolfe’s testimony to WAM was also in agreement: “I urge the committee to pass this bill, which will put employers on notice that workplace violence; bullying and verbal harassment can no longer be tolerated and will be dealt with decisively. The state will also save taxpayers’ dollars because victims will no longer have to resort to a lawsuit for relief.”

A 2007 Zogby poll revealed that 49 percent of American workers have been subjected to workplace violence. In the case of Jinbo and Wolfe, the supervisor was temporarily transferred out of the office when restraining orders were originally filed in 2008, but when DOT directed the supervisor to be placed back in her former workplace supervising Jinbo and Wolfe, the department offered them a demotion if they felt they could not work under their former supervisor’s supervision. Jinbo and Wolfe chose to go out on leave. The plaintiffs then filed a lawsuit. In December 2010, Circuit Judge Rhonda Nishimura granted a preliminary injunction ordering DOT to separate Jinbo and Wolfe from their former supervisor. The case was settled, prior to trial and DOT agreed to pay $30,000 per client, subject to legislative approval, and that their former supervisor would never supervise or work in the same locale as Jinbo or Wolfe.

Although SB2487 SD1 has been deferred at this time, the public is encouraged to contact their Senators and Representatives and ask them to reconsider giving this measure another hearing this session.

---End---

LINK: SB2487 SD1

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii