Another former employee sues IPI

Another former employee of Imperial Pacific International (CNMI) LLC has filed a complaint against the casino investor in the U.S. District Court for the NMI.

Xiao Rongkun, a construction engineer with a disability, has filed a lawsuit against the casino investor alleging wrongful termination and retaliation under the Americans with Disabilities Act.

Xiao, through Collin Thompson, is asking the court for a jury trial in his complaint and is seeking full back pay, benefits, and reinstatement to a position he would have obtained in the absence of discrimination or, in the alternative, front pay.

In addition, Xiao wants the court to award him an undetermined amount of damages and future economic and non-economic losses as well as reasonable attorney’s fees and costs.

Last Nov. 17, 2021, the U.S. Equal Employment Opportunity Commission issued Xiao a right to sue pursuant to the discrimination charges he filed against IPI.

“Xiao exhausted all available administrative remedies in accord with the law prior to instituting this civil action,” the lawyer stated.

According to the complaint Xiao was employed by IPI and worked as a site engineer at the hotel and casino project in Garapan on or about March 17, 2016.

In November 2018, he severely injured his spine, causing paralysis. He suffered a permanent disability and now relies on a wheelchair for mobility.

However, despite his disability, Xiao remained willing and able to perform the essential functions of his job with IPI.

In January 2020, Xiao requested accommodation from IPI based on the recommendation of his doctors but IPI allegedly refused to provide any accommodation.

Instead, Thompson said, IPI retaliated against Xiao because of his disability by offering him a take-it-or-leave-it demotion. “The demotion included a reduced salary to less than half his previous pay. Xiao did not accept IPI’s proposal. IPI then targeted Xiao for termination,” Thompson said.

Then, on March 30, 2020, Xiao alleges that in retaliation for his requested accommodation and/or because his disability, IPI placed him on furlough, then hired an “able-bodied” person to take his job.

“IPI abandoned Xiao and its obligations under federal law,” Thompson stated.

According to the Americans with Disabilities Act of 1990, Thompson argued, Xiao is a qualified individual with a disability.