United States District Court, D. Hawaii
ORDER GRANTING DEFENDANT OLOMANA GOLF LINKS,
INC.'S MOTION TO COMPEL ARBITRATION (ECF NO. 25) AND
DISMISSING THE CASE
Tisa Marie Canlas filed a Complaint alleging claims of sex
discrimination, hostile work environment, unlawful
retaliation, and wrongful discharge in violation of Title VII
of the Civil Rights Act of 1964 against her former employer,
Defendant Olomana Golf Links, Inc. The Complaint also brings
related state law tort and discrimination claims against
filed a motion to compel arbitration, asserting that
Plaintiff agreed to arbitrate claims arising out of her
employment with Defendant.
Motion to Compel Arbitration (ECF No. 25) is GRANTED.
case is DISMISSED.
26, 2015, Plaintiff Tisa Marie Canlas
(“Plaintiff”) filed a Complaint. (ECF No. 1).
22, 2016, Defendant Olomana Golf Links, Inc.
(“Defendant”) filed DEFENDANT OLOMANA GOLF LINKS,
INC.'S MOTION TO COMPEL ARBITRATION. (ECF No. 25).
August 18, 2016, Plaintiff filed PLAINTIFF TISA MARIE
CANLAS' MEMORANDUM IN OPPOSITION TO DEFENDANT OLOMANA
GOLF LINKS, INC.'S MOTION TO COMPEL ARBITRATION FILED
JULY 22, 2016 [DOC. NO. 25]. (ECF No. 30).
September 6, 2016, Defendant filed DEFENDANT OLOMANA GOLF
LINKS, INC.'S REPLY MEMORANDUM IN SUPPORT OF MOTION TO
COMPEL ARBITRATION. (ECF No. 31).
September 28, 2016, the Court held a hearing on
Defendant's motion to compel arbitration. (ECF No. 32).
Tisa Marie Canlas (“Plaintiff”) states that from
January 20, 2013 to August 1, 2014, she worked at the Olomana
Golf Course as a golf cart attendant. (Complaint at pp. 5;
20, ECF No. 1). According to Plaintiff, the Olomana Golf
Course is an 18-hole course near Waimanalo, Hawaii, on the
island of Oahu.
course is owned and operated by Defendant Olomana Golf Links,
Inc. (“Defendant”). (Id. at p. 4).
to beginning employment with Defendant, Plaintiff signed a
document entitled, “Employment Agreement.” The
Employment Agreement contains an arbitration provision, which
All claims, controversies or disputes between You and the
Company arising out of or relating to this Agreement and/or
your employment with the Company, shall be settled by
arbitration, except as provided in this paragraph. By way of
example only, the following claims shall be resolved by
arbitration: claims under federal, state and local statutory
law, such as Title VII of the Civil Rights Act of 1964, the
Americans with Disability (sic) Act, Hawaii's Employment
Practices Act, and claims brought under the laws of contract
and tort. The arbitration proceeding shall be administered by
Dispute Prevention & Resolution, Inc. ("DPR"),
or such other alternative dispute resolution service,
administrative agency or organization as the Parties may
agree, before a single arbitrator. The DPR Arbitration Rules,
Procedures and Protocols shall govern procedure and the
Federal Arbitration Act, shall govern substantive law. The
decision of the arbitrator will be final and binding on the
parties. Any arbitration award may be confirmed as a judgment
in accordance with the applicable laws of the State of
Hawaii. Such dispute shall be Initiated in writing by the
filing of a demand for arbitration with DPR, by the party
alleging breach, and the sending of the demand for
arbitration to the other Party via Certified Mall, Return
Receipt Requested, or via U.S. Priority Mail with Signature
Confirmation. Motions to compel arbitration under HRS §
658A-7 and motions for provisional remedies under HRS §
658A-8 submitted to the court shall be exempt from
(Ex. A of Def. Motion to Compel Arb. at p. 2, ECF No. 25-3).
alleges that shortly after beginning her employment with
Defendant, she began experiencing persistent hostility from
coworkers at the Olomana Golf Course. (Complaint at pp. 4-6).
Plaintiff states that one example of the hostility she faced
occurred on April 16, 2013, when a course marshal made
sexually explicit comments to her during a conversation.
(Id. at p. 6). According to Plaintiff, she reported
the marshal's comments to the Office Manager and General
Manager of the golf course, but neither supervisor
investigated her allegations or remedied the situation.
(Id. at p. 7). Plaintiff claims that her coworkers