A civil rights lawsuit filed in federal court Thursday alleges that three Honolulu Liquor Commission investigators subjected another investigator to discrimination, harassment and a hostile work environment based on his sexual orientation and race after starting his job with the city in 2022.

Filed on behalf of Jhumar Ray Waite, the complaint names defendants Jacob Fears, Glen Nishigata and Catherine Fontaine and alleges the trio, in their official and individual capacities, violated portions of the Civil Rights Act of 1964 as well as state laws, related to discrimination against Waite.

Waite — who has worked as a Honolulu liquor investigator since August 2022 — is gay and Filipino, the complaint states.

“This lawsuit is a critical step in holding the Honolulu Liquor Commission accountable for its alleged discriminatory practices,” James D. DiPasquale, Waite’s lawyer, said in a written statement. “Our client endured a hostile work environment, harassment and retaliation, which have caused him significant emotional distress and harm to his career. We are committed to seeking justice for our client, and promoting workplaces that are free from discrimination and harassment.”

On Thursday the city briefly responded to the filing of Waite’s civil rights complaint.

“We understand that a lawsuit was filed today, but the Department of Corporation Counsel has not been served and has not had a chance to review it,” Scott Humber, the mayor’s communications director, said via email. “Therefore we will not be commenting at this time.”

Filed in the U.S. District Court for the District of Hawaii, the complaint details a pattern of behavior that Waite claims he endured from the onset of his employment as a “Liquor Investigator 1” with the Honolulu Liquor Commission.

Waite alleges he was subjected to derogatory comments, taunting and alienation by his supervisors — investigators Fears and Nishigata. The lawsuit also accuses Fears of making inappropriate comments about the LGBTQ+ community, mocking Waite’s Filipino accent and engaging in discriminatory behavior.

Moreover, Nishigata is alleged to have refused communication and proper training with Waite, as well as shouting offensive comments at transgender sex workers, the lawsuit states.

When he raised concerns and filed a complaint regarding the discriminatory treatment he experienced, Waite was placed on administrative leave pending investigation, the lawsuit claims. It adds that Waite was later returned to work but placed on administrative leave again, following an incident he believes was orchestrated to retaliate against him for his complaints.

The lawsuit further claims that Waite’s participation in protected activity — such as filing a charge of discrimination with the Equal Employment Opportunity Commission — resulted in retaliation by the defendants.

The complaint seeks compensatory and punitive damages for emotional distress, mental anguish and damage to Waite’s professional reputation, as well as injunctive relief to prevent future discrimination.

According to DiPasquale, his client is still employed by the city but remains on paid administrative leave following a city investigation into Waite’s initial complaints against his co-workers.

“They completed their investigation back in April, and yet they still have him on paid leave,” DiPasquale told the Honolulu Star-Advertiser via email. “They did something similar to this before where they kept an employee on paid leave for nearly two years until he finally quit.”

Waite’s civil rights case is pending review at federal court.

Meanwhile, this lawsuit is related to a prior federal complaint lawyer DiPasquale brought against the city regarding a Chinatown nightclub and an LGBTQ+ guide to the islands who accused the city Liquor Commission and some of its investigators of anti-gay discrimination.

Filed in 2021 on behalf of Scarlet Honolulu Inc. and Gay Island Guide LLC, that civil complaint alleges that investigators, administrators and others allegedly engaged in an “ongoing campaign of unlawful, unconstitutional, and highly discriminatory anti-gay harassment of Scarlet, Gay Island Guide, and generally, the Honolulu LGBTQ+ community” that went on for more than six years, according to the complaint, Scarlet’s owner Robbie Baldwin and attorney DiPasquale.

After the city sought a motion to dismiss the Scarlet case, Chief U.S. District Judge Derrick K. Watson on Aug. 3 issued a 38-page order, allowing the case to proceed to a bench trial, where Watson will preside, starting Dec. 5.

In the Scarlet case, Waite, while working as a Liquor Commission investigator, detailed his experiences and dealings with other investigators — including the same defendants in his own federal lawsuit filed this week.

“During my time with the HLC, I was in Chinatown almost every night, most often with Mr. Fears, but occasionally with Mr. Nishigata or another investigator,” Waite said in a legal declaration connected to the Scarlet case. “We were regularly near Scarlet but both Mr. Fears and Mr. Nishigata said that we were told not to inspect them because of their lawsuit. Neither (were) shy about voicing their dislike of Scarlet or the gay community in general.”

In preparing for trial in the Scarlet case, DiPasquale previously told the Honolulu Star-Advertiser his clients seek $2.5 million in damages plus an additional amount, no less than another $2.5 million, in punitive damages.

Still, the ruling in the Scarlet case dismissed all claims against two Liquor Commission investigators in their official capacities.

After Judge Watson’s decision, the city’s retained attorney, Lex R. Smith, told the Star-Advertiser the city was pleased with a part of the ruling that “rejected the claims against the individual city employees” among other aspects that he believed benefited the city’s side.

“We actually think we have a pretty good chance at prevailing on everything else at trial,” Smith added.

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Honolulu Star-Advertiser staff writer Peter Boylan contributed to this report.