Haw. Civil Jury Instr. 16.28

To prevail on the claim of hostile environment sexual

harassment, plaintiff(s) must prove all of the following

elements:

1. He/she/they was/were subjected to discriminatory

conduct on the basis of plaintiff’s(s’) sex in the

form of sexual advances, requests for sexual favors,

or other verbal, physical, or visual harassment of a

sexual nature; and

2. The conduct was unwelcome; and

3. The conduct was severe or pervasive; and

4. The conduct had the purpose or effect of either:

a. Unreasonably interfering with plaintiff’s(s’)

work performance, or

b. Creating an intimidating, hostile, or offensive

work environment; and

5. Plaintiff(s) actually perceived the conduct as having

such purpose or effect; and

6. Plaintiff’s(s’) perception was objectively reasonable

1 To date, the Hawaiʻi appellate courts have not considered

hostile environment claims based on any protected category other than

sex. However, Hawaiʻi Administrative Rule § 12-46-175 recognizes

harassment on the basis of ancestry.

to a person of the same sex as plaintiff(s).

Nelson v. University of Hawaii, 97 Hawaiʻi 376, 390, 38 P.3d 95,

109 (2001); Haw. Admin. R. § 12-46-109(a).