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Case Name EEOC v. County of Maui Police Department EE-HI-0022
Docket / Court 13-cv-00698-LEK-KSC ( D. Haw. )
State/Territory Hawaii
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
In December 2013, the EEOC brought this suit against the County of Maui Police Department in the U.S. District Court of Hawaii, under the Age Discrimination in Employment Act of 1967 (ADEA). In this case, it is alleged that the County of Maui Police Department did not hire a candidate because of ... read more >
In December 2013, the EEOC brought this suit against the County of Maui Police Department in the U.S. District Court of Hawaii, under the Age Discrimination in Employment Act of 1967 (ADEA). In this case, it is alleged that the County of Maui Police Department did not hire a candidate because of his age (45). The EEOC asked for (a) a permanent injunction enjoining the police from engaging in any employment practices which results in discrimination on the basis of age; (b) an order that the police institute and carry out policies, practices and programs which provide equal employment opportunities for persons forty (40) years of age and older; (c) an order that the police provide wages and benefits to the candidate; and (d) an order that the police provide rightful-place reinstatement with seniority restored or front pay.

In 2009, the candidate applied to the County of Maui Police Department. He met all minimum qualifications for training and experience, and he passed the initial written civil service exam with a high score above 90 points. Then he was scheduled for an oral interview. During the interview, the panel made age-based remarks including "I doubt someone your age could handle the stress of training" in addition to whether he could perform the physical holds required due to his age, and whether someone his age could take directives from a younger person. They decided not to hire the candidate. During the hiring period of January through October 2009, at least 28 applicants were hired who were younger than the candidate and were less qualified for the position than the candidate on the basis of their education, experience and civil service written exam scores.

This case is ongoing.

Kowa Takata - 10/28/2014


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Law-enforcement
Discrimination-area
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
EEOC Plaintiff
Causes of Action Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
Defendant(s) County of Maui Police Department
Plaintiff Description The Equal Employment Opportunity Commission (EEOC), is the agency of the United States of America charged with the administration, interpretation and enforcement of the ADEA.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:13−cv−00698 (D. Haw.) 10/09/2014
EE-HI-0022-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/18/2013
EE-HI-0022-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
EEOC Sues Maui County Police Department for Age Discrimination 12/18/2013
EE-HI-0022-0002.pdf | Detail
Document Source: EEOC.gov
Judges Chang, Kevin S.C. (D. Haw.) [Magistrate]
EE-HI-0022-9000
Kobayashi, Leslie Emi (D. Haw.) [Magistrate]
EE-HI-0022-9000
Monitors/Masters None on record
Plaintiff's Lawyers Liem, Connie (California)
EE-HI-0022-9000
Mallik, Amrita (Hawaii)
EE-HI-0022-0001 | EE-HI-0022-9000
Noh, Sue J. (California)
EE-HI-0022-9000
Park, Anna Y. (California)
EE-HI-0022-0001 | EE-HI-0022-0002 | EE-HI-0022-9000
Vuong, Rumduol (California)
EE-HI-0022-9000
Defendant's Lawyers Kolbe, Thomas W. (Hawaii)
EE-HI-0022-9000
Lutey, Moana Monique (Hawaii)
EE-HI-0022-9000
Rost, Richard B. (Hawaii)
EE-HI-0022-9000
Other Lawyers None on record

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