Randal Kahumoku v. United Airlines, Inc.

Good Law
584 F. App'x 295
United States Court of Appeals for the Ninth CircuitAugust 20, 201413-15573California493 words

Opinion

Opinion

MEMORANDUM

Appellant Randal Kahumoku (“Kahumo-ku”) appeals the district court’s summary judgment in favor of United Airlines, Inc. (“UAL”) on his claim that UAL’s termination of his employment as a customer service representative (“CSR”) based on his conviction violated Hawaii Revised Statutes Section 378-2. We have jurisdie tion pursuant to 28 U.S.C. § 1291 , and we affirm.

Although section 378-2 prohibits an employer from terminating an employee “because of’ his or her “arrest and court record,” Haw.Rev.Stat. § 378-2(a)(l), section 378-2.5 provides an exception to this rule by allowing employers to “inquire about and consider an individual’s criminal conviction record concerning ... termination ... provided that” the conviction occurred within the last ten years, excluding periods of incarceration, and that it is rationally related to the employment position, Haw.Rev.Stat. § 378-2.5(a), (c). Based on the statutory language’s plain and obvious meaning, State v. Pali, 129 Hawai'i 363 , 300 P.3d 1022, 1028 (2013), there are no genuine issues of material fact in dispute that UAL’s termination of Kahumoku’s employment complied with section 378-2.5’s requirements.

UAL “inquire[d]…

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