IPI moves to dismiss discrimination suit of former workers

Imperial Pacific International (CNMI) LLC has filed a motion with the U.S. District Court for the NMI requesting the court to dismiss the discrimination suit filed by a group of its former workers.

Yesterday, IPI pro hac vice council Daniel Weiner filed the motion to dismiss pursuant to Federal Rules of Civil Procedure Rules 12(b)(6) and 12(f), claiming that the plaintiffs fail to state a plausible claim to relief.

The plaintiffs—Özcan Genç, Hasan Gökçe, and Süleyman Köş—are former IPI employees hired to work on the construction of the Imperial Palace Casino and Hotel Resort in Garapan. They claimed that the casino investor engaged in a company-wide practice of employment discrimination, both intentional and systemic, on the basis of national origin, against them and others by paying them less than the Taiwanese employees.

However, Weiner claims that that plaintiffs’ complaint lacks any factual allegations to support their claim.

“Alleging that IPI engaged in unlawful discrimination and that ‘Taiwanese workers’ ‘had the same level of skills, qualifications, and experience as plaintiffs and members of the class’ is not sufficient. Plaintiffs must present nonconclusory factual allegations that permit the court to reasonably infer the alleged discrimination,” he said.

Because of their lack of factual allegations, Weiner said the court should dismiss the complaint in its entirety. “Plaintiffs’ complaint includes no factual allegations that can support an inference of a pattern or practice of IPI’s alleged discrimination against plaintiffs or the purported class members because of their Turkish national origin. Rather, plaintiffs’ only allegations concerning the alleged discrimination are conclusory assertions insufficient to survive a motion to dismiss,” he said.

According to court documents, the plaintiffs claim they were paid significantly lower than other workers who were in the same class and shared the same skills and experiences as they did because of their race.

As a result of IPI’s alleged discriminatory conduct, the plaintiffs and other members of the class reportedly suffered damages, including but not limited to, reduced wages.

According to the lawsuit, Genç started working for IPI in January 2020 as a foreman and the leader of the welding and drywall team. Genç’s title on IPI’s certificate of employment was construction carpenter, and his salary was $21,840.00 a year.

Gökçe started working for IPI in January 2020 as a plumber, master of pipe installation, and plumbing foreman. Gökçe’s title on IPI’s certificate of employment was plumber, and his salary was stated as $21,840.00 a year.

Köş started working for IPI in January 2020 as an electrician and was promoted to electrical foreman in June 2020. Köş title on IPI’s certificate of employment was electrician, and his salary was $17,368.00 a year. However, since his promotion to foreman, his wage increased to $10.50 or $21,840 a year.

While the plaintiffs were employed to work on the Imperial Palace casino/hotel resort in Garapan, IPI also hired other construction workers, including Taiwanese construction workers, who also performed the same types of work that the plaintiff did and shared the same skills, qualifications, and experience. However, the Taiwanese workers were paid a higher rate.