Douglass v. Pflueger Hawaii, Inc.

135 P.3d 129 (2006)

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Nature of the Case

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Facts

D hired P as a lot technician. P was seventeen years old (less than four months shy of the age of majority, i.e., eighteen years and had graduated from high school.) P attended an employee orientation, where he received D's Employee Handbook, which contained, policies and procedures regarding P's anti-harassment/discrimination policies and an arbitration provision. P signed an acknowledgment form. P was injured on the job when a co-worker sprayed him on the buttocks area with an air hose. P filed a complaint with the Hawai'i Civil Rights Commission (HCRC). In response to his request to withdraw his HCRC complaint and pursue the matter in court, the HCRC, on September 25, 2002, issued a right-to-sue letter to P, pursuant to HRS § 368-12 (1993). P sued D. D eventually filed its motion to stay this action and compel arbitration. D's motion to compel arbitration was granted, and P appealed.