World Resort settles discrimination lawsuit

Manglona

Saipan World Resort has settled a discrimination lawsuit filed by an administrator of an estate for the hotel’s former assistant human resources manager who passed away in 2012.

Following the settlement, U.S. District Court for the NMI Chief Judge Ramona V. Manglona yesterday dismissed with prejudice the lawsuit filed by Frank Gibson.

Dismissal with prejudice means Gibson can no longer re-file the case.

Manglona ordered each party to bear own court costs and attorney’s fees. She, however, retained the court’s jurisdiction to enforce the terms of the confidential settlement agreement.

Attorneys Colin M. Thompson and Rexford C. Kosack, counsel for Gibson and defendant World Corp., doing business as Saipan World Resort, respectively, asked the court to dismiss the case in its entirety after they reached a confidential settlement agreement.

Gibson, administrator for the estate and as the personal representative for Vicente Igisomar Tebit, filed the lawsuit on Dec. 21, 2012.

Tebit, a Carolinian, passed away on Feb. 27, 2012.

In his amended lawsuit, Gibson sued Hanwa Hotel & Resorts Co. Ltd., Saipan World Resort, World Corp., and five unnamed co-defendants, for family medical leave violation, disability discrimination, discrimination based on race and national origin.

Gibson asked the court to hold defendants liable to pay Tebit’s estate back pay, damages, attorney’s fees and court costs.

According to the complaint, Saipan World Resort hired Tebit in May 2004 as a special projects assistant. He was subsequently promoted to assistant human resources manager.

On or before August 2010, Tebit’s wife was diagnosed with cancer and needed medical treatment in Honolulu, Hawaii.

In August 2010 or after Tebit applied for leave, defendants told him to resign in order to protect his job, according to Thompson.

Thompson said Tebit applied for 21 days of personal/vacation leave and 43 days of leave under the Family Medical Leave Act to accompany his wife to Honolulu, Hawaii for medical treatment.

Thompson said relying on defendants’ promises he would be reinstated to his position upon returning from Hawaii, Tebit submitted a resignation letter effective Sept. 9, 2010.

Upon his return to Saipan, defendants allegedly informed Tebit on Feb. 7, 2011, they had hired Jun Ham, a Korean, as the assistant human resources manager.

Tebit submitted his employment application for assistant human resources manager. Defendants allegedly informed Tebit that they would keep his application on file in case the position became available.

On Oct. 27, 2011, the assistant human resources manager position became available, but defendants allegedly did not inform him about the vacant position.

Thompson said defendants constructively terminated Tebit because of his relation to a person with a disability and that his termination was not based on any medical justification and was discriminatory to Tebit.

In November 2011, Tebit filed a complaint to the U.S. Department of Labor.

In January 2012, Tebit filed a charge of discrimination with the Equal Employment Opportunity Commission against the defendants. The following month, Tebit passed away.

In September 2012, EEOC issued a notice of right to sue the defendants based on the charge of discrimination to Tebit.

Saipan World Resort has denied discriminating against Tebit.