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Ross V. Stouffer Hotel Co.

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eBook details

  • Title: Ross V. Stouffer Hotel Co.
  • Author : Hawaii Supreme Court
  • Release Date : January 30, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 83 KB

Description

Plaintiff-appellant Harvey J. Ross filed an action against defendant-appellee Stouffer Hotel Company (Hawai'i) Ltd. (Stouffer)*fn1 in the Circuit Court of the Fifth Circuit, State of Hawai'i, after Stouffer discharged him from his position as a massage therapist at the Waiohai Resort (the Resort), on the island of Kaua'i, because of his marital status. At the time he was discharged, Ross was married to Viviana Treffry, who was the principal massage therapist at the Resort. Stouffer discharged Ross pursuant to its policy prohibiting persons related by blood or marriage from working in the same department (the no-relatives policy). The primary claim of Ross's complaint (and later his amended complaint) was that Stouffer's enforcement of its no-relatives policy violated Hawai'i Revised Statutes (HRS) § 378-2 (1985).*fn2 Following a series of procedural  skirmishes and two prior appeals to this court, the circuit court granted summary judgment in favor of Stouffer on six of the seven claims included in Ross's amended complaint and entered final judgment on those claims pursuant to Hawai'i Rules of Civil procedure (HRCP) 54(b) (1991). Ross filed a timely appeal. For the following reasons, the summary judgment is affirmed in part and vacated in part.


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