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1� <br />106. Based upon this language, Hawaii's Employment Discrimination Law prohibits <br />employers from discriminating against an individual because of his or her age, sex and gender. <br />107. Plaintiff is presently 61 years old, older gay male. <br />108. Based on his experience and resume, Plaintiff was exceptionally qualified for the <br />position due to his skill set and possession of many years of work -related experience and much <br />more qualified than 3 young females that Adams handpicked. <br />109. Upon information and belief, this position is within the County of Hawai'i's <br />Department of Research and Development ("R&D"). <br />110. Upon information and belief, the Department of Human Resources ("HR"), <br />oversees and administers the recruitment program for the County of Hawai' i, assisting departments <br />in the filing of civil service positions. <br />111. Plaintiff is decades older than Freitas and 2 other females previously hired into the <br />film commissioner position by Adams after the previous permanent Film Commissioner retired, <br />with many more years of professional experience related to the requirements of the position. <br />112. Hawaii County violated the HRS 378-2 by engaging indiscrimination based on sex, <br />gender and sex as explained above by repeatedly hiring and placing 3 young attractive females <br />absurdly less qualified than Plaintiff into the film commissioner position since the last permanent <br />film commissioner retired. <br />113. Adams is being sued in his individual capacity for aiding and abetting <br />discrimination of Plaintiff under the Lales v. Wholesale Motors Co., 328 P..3d 341, 356 (Haw. <br />2014) doctrine that stated following: <br />"In contrast, at the same time the legislature made it unlawful for employers to harass or <br />retaliate against any individual, the legislature explicitly stated that it was unlawful <br />for "any person whether an employer, employee or not, to aid, abet, incite, compel or <br />coerce the doing of any of the practices forbidden by the Act, or to attempt to do so." <br />-16- <br />EXHIBIT "A" Pg 16 <br />Page 16 of 25 <br />