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Steinberg v. Hoshijo6/18/1998
Opinion OF THE COURT BY MOON, C.J.
Appellant-appellant Dr. Harold Steinberg appeals from the first circuit court's September 19, 1997 order affirming the final decision of the Hawai'i Civil Right Commission (HCRC) in this sexual harassment case. The HCRC concluded in its final decision that Dr. Steinberg had subjected employee-complainant Linda Louise Gould to unwelcome sexual conduct and thereby created an intimidating, hostile, and offensive work environment, in violation of Hawai'i Revised Statutes (HRS) § 378-2(1)(A) (1993) and Hawai'i Administrative Rules (HAR) § 12-46-109(a)(3) (1990). Gould was awarded $40,000 in compensatory damages and $20,000 in punitive damages.
On appeal, Dr. Steinberg asserts that: (1) the HCRC failed to timely issue its reasonable cause determination as to the existence of an unlawful discriminatory practice; (2) the hearings examiner abused her discretion by ordering that Gould be deposed via telephone rather than in person; and (3) there was insufficient evidence to support the HCRC's final decision. Because Dr. Steinberg's claims lack merit, we affirm the circuit court's order. Each of Dr. Steinberg's points of error is discussed, seriatim, infra in section III.
I. BACKGROUND
Kailua Family and Urgent Medical Care [hereinafter, the Clinic] in Kaneohe, Hawai'i, specializes in walk-in urgent care and is open seven days a week, from 8:00 a.m. to 8:00 p.m. The medical director in charge of the Clinic's operations is Robert Simich, M.D. (Dr. Simich). Among other things, Dr. Simich hires doctors, medical assistants, and receptionists to staff the Clinic.
Doctors and medical assistants employed at the Clinic generally work two to three twelve-hour-shifts per week; usually, there is one doctor on duty per shift. During his or her shift, the doctor on duty is in charge of the Clinic and supervises the medical assistants and receptionists in treating patients. The medical assistants and receptionists are also supervised by the chief medical assistant, who schedules employees, conducts work performance evaluations, handles employee complaints, and oversees the cleaning and stocking of supplies and equipment.
On June 29, 1990, Dr. Simich hired Dr. Steinberg as a physician and surgeon at the Clinic. During his shifts and as the doctor on duty, Dr. Steinberg ran the Clinic and supervised the receptionists and medical assistants. Sometime in September 1991, Gould moved to Honolulu, Hawai'i. Having been previously certified as an emergency medical technician on the mainland, Gould sought employment at the Clinic, and, on September 26, 1991, she was hired by Dr. Simich as a medical assistant. Gould worked three twelve-hour-shifts per week at the Clinic and, during most of her employment, worked two shifts per week with Dr. Steinberg.
When there were no patients at the Clinic, the work atmosphere was informal and, at times, even unprofessional and juvenile. During these slow periods, the doctor and medical assistants would congregate in the laboratory equipment room and "talk story," eat, do crossword puzzles, or play cards together. On two occasions, rubber band fights broke out among the staff.
During Gould's employment at the Clinic, Dr. Steinberg subjected Gould and other female employees to the following sexual conduct:
(a) Dr. Steinberg often listened to the Rush Limbaugh radio show during which sexist or derogatory statements were sometimes made about women. Dr. Steinberg would often turn the radio up louder or state his agreement with such comments.
(b) When female staff went to use the restroom, Dr. Steinberg rem
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