Haw. Civil Jury Instr. 16.15

(HAW. REV. STAT. § 378-62(1))

To prevail on the claim of a violation of the Hawaii

Whistleblowers’ Protection Act, plaintiff(s) must prove all of

the following elements:

1. Plaintiff(s) was/were employed by defendant(s); and

2. [Plaintiff(s)] [A person or persons on behalf of

plaintiff(s)] reported or was/were about to report one

or both of the following to [defendant(s)/a public

body]:

a. A violation or suspected violation of a/an

[law/ordinance/rule/regulation] of the

[Federal/State/County] government; or

b. A violation or suspected violation of a contract

with the [Federal/State/County] government; and

3. Defendant(s) [discharged plaintiff(s)/threatened

plaintiff(s)/discriminated against plaintiff(s) in

compensation or terms, conditions, location or

privileges of employment]; and

4. The actual or potential reporting as noted above was a

substantial or motivating factor in defendant’s(s’)

decision to [discharge/other adverse employment

action].

PRACTICE NOTE: This instruction can be tailored to the facts of

the specific case. For example, where the “public body” is

identified as a matter of law (e.g., the State Legislature) the

proper name can be inserted.