The Hawai'i Supreme Court has ordered that a discrimination lawsuit by a pilot blind in one eye be sent back to Circuit Court for a new trial in a ruling that puts in question the authority of a state commission that investigates complaints of discriminatory practices.

The case involves pilot Bruce Pied, a licensed commercial pilot who lost the vision in his left eye in a lawn-mowing accident more than 30 years ago. In 1990, Pied applied for a pilot's job at Aloha Island Air, now known as Island Air, and was accepted for its flight program.

But when Pied told airline officials that he had a Federal Aviation Administration waiver for his monocular vision, Pied was let go. Pied filed a complaint with the Hawai'i Civil Rights Commission, which in 2000 ruled that Aloha Island Air discriminated against Pied and awarded him a record $1.4 million in damages.

Aloha Island Air appealed the award and in May 2001 Circuit Judge Eden Hifo overturned the commission's ruling, saying that Pied was not disabled under state law and was not discriminated against.

Hifo's ruling was appealed by Pied to the state Supreme Court, which in a 4-1 ruling released yesterday threw out Hifo's decision and ordered a new trial. Essentially, the court told the parties to start from scratch in a case that is going on 16 years, said David Simons, attorney for Pied.

"We went through years of administrative proceedings and Aloha Island Air lost there and now the Supreme Court says, 'Well, but now they want a jury trial so they get to start all over again,' " Simons said.

Neither Richard Rand, the lawyer for Aloha Island Air, nor Bill Hoshijo, executive director of the commission, could be reached for comment yesterday.

Pied lives on the Big Island and has flown for various airlines over the years, Simons said. Pied also could not be reached for comment.

In the ruling, the justices said that Aloha Island Air's constitutional right to have a jury determine damages was violated by the lower court. The Supreme Court said an employer who appeals a final order by the commission is entitled to a jury trial.

But in a dissenting opinion, Associate Justice Simeon Acoba said Aloha Island Air is being given a fourth chance to challenge Pied's claims after exhausting the federal court and state administrative processes.

Acoba also said the majority's ruling leaves the commission with little authority.

"This process in effect renders the administrative proceedings meaningless and multiplies the burden cast on Pied or other employees or potential hires," Acoba wrote.

Simons agreed.

"It makes it pointless to do a hearing before the Civil Rights Commission. No employee would ever do that because if you win you have to start all over. But if you lose, you can't do that," Simons said.

Reach Curtis Lum at culum@honoluluadvertiser.com.