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EEOC: No need to show bad faith by Grand Hotel
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Posted on Feb 14 2012
By Ferdie de la Torre
Reporter
Reporter
The U.S. Equal Employment Opportunity Commission has asserted that it does not need to show that there was bad faith on the part of Saipan Grand Hotel in order for it to seek a new trial in the sexual harassment case it filed against the hotel and which it lost in December.
EEOC counsel Derek W. Li said that if Grand Hotel had timely disclosed Melinda Javier as a witness, then the EEOC would be able to conduct a much more thorough investigation, discovery, and depositions to bring the relevant evidence and witnesses to trial.
Since the late disclosure substantially interfered with the EEOC’s full and fair presentation of its case at trial, a new trial is warranted, said Li.
Javier had testified during the trial that she saw Michelle Bunoan and her alleged harasser, former Grand Hotel restaurant manager Roberto “Tom” Alegre, hugging each other in two separate occasions.
Alegre, who is now based in the Philippines, insists that he had a consensual relationship with Bunoan.
On Dec. 20, 2011, the jury returned a verdict in favor of Grand Hotel. Last month, EEOC filed the motion for a new trial.
Grand Hotel lawyer Steven P. Pixley said that U.S. District Court for the NMI Chief Judge Ramona V. Manglona allowed Javier’s testimony because the district court has broad discretion in permitting or excluding the testimony of witnesses not appearing on witness lists.
Pixley asserted that EEOC’s assault on Javier’s credibility is not supported by evidence.
Pixley said that, on Dec. 6, 2011 he learned that Javier had relevant evidence directly impeaching the sworn deposition and prior written statements of Bunoan.
Accordingly, Pixley said, the EEOC was advised of this new witness during a recess of the pre-trial conference in this civil proceeding on Dec. 7, 2011. That same day, he advised the court that he intended to call Javier during the trial.
In addition, Pixley said, on Dec. 8, 2011, he caused a letter to be delivered to EEOC counsel confirming his intent to call Javier as an impeachment witness.
Pixley said that Javier appeared at the Hyatt Regency Saipan on Dec. 10, 2011 for an interview with the EEOC counsel that lasted about an hour.
