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Three Hawaii attorneys examine sexual harassment law and practice in 1996. Ellen Godbey Carson, who has represented both plaintiffs and defendants, argues that too many employers still fail to take complaints seriously, and urges early mediation or neutral evaluation as faster and cheaper alternatives to litigation — noting that Hawaii, unlike federal law, imposes no cap on damage awards. Cynthia Winegar, who represents management, pushes back: complaint filings have risen two-and-a-half to three times since 1991 at the federal level, but she contends that reflects greater workforce awareness rather than more harassment; she notes that even Ninth Circuit courts, which apply a "reasonable woman" standard for hostile-environment claims, struggle to draw a bright line. Lawrence Foster, newly appointed UH law school dean, focuses on tensions between sexual harassment policies and academic freedom, and observes that the same ambiguity chills personal relationships across Hawaii's multicultural workplaces. Callers describe the burden on employers who spend six figures defending claims with no recourse if vindicated, allege false accusations, and raise the cultural complexity of physical expression in Hawaii. Carson and Winegar agree that mediation holds the greatest promise for resolving disputes fairly and quickly.
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Companion newspaper commentaries
Commentaries by the guests, published in The Honolulu Advertiser around the broadcast.
