FOR DISCRIMINATION CPA faces $1 million civil suit from employee

An employee of the Commonwealth Ports Authority has accused the government agency of discrimination and harassment in a civil suit filed before the U.S. District Court that is seeking more than $1 million in moral and punitive damages.

Rudy C. Aguon, of Koblerville and an accounts clerk, sued several CPA officials, including Executive Director Carlos H. Salas and Saipan Port Manager Antonio B. Cabrera, for alleged violation of his employment as well as civil and human rights.

In the suit filed the other day, the plaintiff claimed these officials retaliated after he lodged a complaint with the Equal Employment Opportunity Commission charging CPA of violations of federal and CNMI laws regarding his employment with the agency.

Mr. Aguon reportedly has experienced “an ever increasing level of harassment in the form of retaliatory memos and demeaning work assignments as well as insults” from the CPA management, according to court documents.

Prior to his EEOC complaint, the plaintiff had never received memos of reprimand and disciplinary threats as he noted that he had been a “model employee” during the past five years of his employment with CPA.

“These memos had regard to serious measures such as termination and suspension,” Mr. Aguon said in his complaint, adding that he was “verbally reprimanded both in private and in the presence of co-workers on an ever increasingly frequent basis.”

The lawsuit, filed Feb. 29, stemmed from a memo issued in July 7, 1999 by Mr. Salas from Mr. Cabrera in which Mr. Aguon was admonished for his absences and was suspended from work for 10 working days without pay. He was also warned that similar occurrences could lead to his termination from CPA.

But the plaintiff maintained said absences were justified as he was “extremely ill and suffering from tension and headaches,” as diagnosed by his physician from the Saipan Health Center.

Mr. Aguon also said that he informed the management about his health condition and that he had called in advance on those days he was going to be absent in accordance with the CPA policy.

Asleep while at work

On July 12 that same year, Mr. Cabrera reportedly denied his application for leave. On Jan. 23, 2000, Mr. Salas again sent a memo to the plaintiff informing him of a disciplinary action after he was found allegedly sleeping on his job.

The letter stated that he was asleep on the job at a time when he was meant to be in charge of vessel control safety at the Saipan port, according to the lawsuit.

“Plaintiff has had ongoing concerns over his having been assigned to perform the duties of a traffic controller at the port of Saipan. [He] says he was never trained for the position and that he has not felt that he could refuse to perform the duties assigned to him by his supervisor,” it said.

In addition, Mr. Aguon was allegedly given assignments not part of his job description, such as cleaning the stairways, lobby, hallways and kitchen at the port’s office in Puerto Rico despite hiring a janitor.

He has also noted that he is assigned “many more menial work tasks than are his colleagues with ever increasing frequency.

Because of his alleged “excessive absenteeism,” CPA officials recommended actions against Mr. Aguon either by termination as ultimatum or demotion, transfer and salary reduction.

Mr. Aguon, however, insisted that he wants to continue his CPA job, gets satisfaction from his work and retains many good friends at the agency.

Aside from $1 million representing damages for injury, pain and suffering and emotional distress, the plaintiff is demanding payment for medical and incidental expenses, loss of earnings, attorney’s fees and litigation costs.