Haw. Civil Jury Instr. 16.21

To prevail on the claim of unlawful retaliation,

plaintiff(s) must prove all of the following:

1. Plaintiff(s) engaged in a legally protected activity

by [opposing an act or practice of the defendant(s) in

the good faith belief that it was unlawfully

discriminatory/filing a complaint, testifying, or

assisting in any proceeding regarding unlawful

discrimination];

2. After plaintiff’s(s’) [opposition to/participation in]

such activity, defendant(s) [describe adverse

employment action]1;

3. Plaintiff’s(s’) [opposition to/participation in] such

activity was a substantial or motivating factor in

[describe adverse employment action]; and

4. Defendant’s(s’) [describe adverse employment action]

was a legal cause of harm to plaintiff(s).

PRACTICE NOTE: Plaintiffs are protected from retaliation after

engaging in one or both of the following types of activities—

1 See Instruction No. 16.20 and Haw. Rev. Stat. § 378-2 for

general categories of adverse employment actions (e.g., failure or

refusal to hire, discharge from employment, discrimination in

compensation or in the terms, conditions, or privileges of

employment).

opposing discrimination or participating in a discrimination

complaint process. The appropriate type of protected activity

should be selected for this instruction.

Schefke v. Reliable Collection Agency, Ltd., 96 Hawaiʻi 408,

426, 32 P.3d 52, 70 (2003); Shoppe v. Gucci America, Inc., 94

Hawaiʻi 368, 378–79, 14 P.3d 1049, 1059–60 (2000) (age

discrimination); Ray v. Henderson, 217 F.3d 1234, 1240 (9th Cir.

2000).