Nacino v. Cambridge Management, Inc.
Docket: CAAP-19-0000855
Court: Hawaii Intermediate Court of Appeals; October 17, 2022; Hawaii; State Appellate Court
Original Court Document: View Document
Cambridge Management, Inc. filed a Motion for Reconsideration on October 5, 2022, regarding a Summary Disposition Order (SDO) issued on September 26, 2022. The motion argues that the SDO inadequately addressed the first element of a prima facie case of retaliation under Hawaii Revised Statutes (HRS) § 378-2(a)(2). Cambridge contends that Al R. Nacino failed to demonstrate an objectively reasonable belief that he was subject to discrimination based on protected characteristics, as outlined in HRS § 378-2. The circuit court had previously granted Cambridge's Motion for Summary Judgment (MSJ), concluding that there was no evidence to establish that Nacino had a reasonable basis for his discrimination claim related to his race, national origin, or other protected characteristics. Nacino's complaint alleged adverse employment actions, including harassment and retaliation, but the SDO clarified that the outcome of the Discrimination Lawsuit—which had been in favor of Cambridge after over three years—did not affect the assessment of Nacino's reasonable belief at the time of filing the lawsuit. The court determined that the trier of fact must evaluate whether Nacino had a reasonable basis to believe he had faced discrimination when he filed his complaint, which occurred one month before his employment termination. The court found that the Motion for Reconsideration did not present any overlooked legal or factual points and therefore denied the motion. The ruling was signed by Chief Judge Lisa M. Ginoza and Associate Judges Keith K. Hiraoka and Sonja M.P. McCullen on October 17, 2022.