Court denies IPI motion to dismiss suit filed by Turkish workers

The U.S. District Court for the NMI has denied Imperial Pacific International (CNMI) LLC’s request to dismiss the discrimination suit filed against it by a group of Turkish H-2B workers.

A few months ago, IPI filed a motion to dismiss with prejudice the second amended complaint filed by the Turkish workers employed under H-2B visas to work on IPI’s casino resort in Garapan.

Last Monday, District Court for the NMI Chief Judge Ramona V. Manglona denied in an 18-page order IPI’s motion to dismiss, finding that the Turkish workers alleged sufficient facts to show that IPI did discriminate against them.

“The court denies IPI’s motion to dismiss the second amended complaint with prejudice because plaintiffs’ complaint alleges sufficient facts to plausibly show that IPI discriminated against them and proposed class of 107 Turkish H-2B workers,” she said.

“The court finds that plaintiffs plausibly allege a prima facie (at first site) case of Title VII discrimination. The differences that IPI cites are immaterial. Additionally, the seconded amended complaint alleges plausible facts to show that each named plaintiff was discriminated against. The court further finds the Department of Labor statistics anecdotally supportive of the claim of Title VII discrimination. The facts alleging systemic discrimination also support the claim of discrimination,” Manglona added.

According to court documents, the court previously granted IPI’s motions to dismiss the original complaint and the first amended complaint filed by the Turkish workers, but granted the plaintiffs leave to amend their complaint both times.

Earlier this year, the plaintiffs filed their second amended complaint, to which IPI again filed an opposition to and filed a motion to dismiss with prejudice, meaning the case would be dismissed permanently if granted.

The plaintiffs are Özcan Genç, Hasan Gökçe, and Süleyman Köş.

Genç started working for IPI in January 2020 as a foreman and leader of the welding and drywall team—with an employment certificate title of “construction carpenter.”

Gökçe started working for IPI in January 2020 as a plumber, plumbing foreman, and master of pipe installation—with an employment certificate title of “plumber.”

Köş started working for IPI in January 2020 as an electrician—with an employment certificate title of “electrician”—and was later promoted to foreman in June 2020.

Toward the end of June 2020, when all IPI H-2B workers were negotiating with IPI to extend their contracts for another six months, one Taiwanese worker showed the plaintiffs his paycheck. That’s when the plaintiffs learned that that the Taiwanese workers were being paid $23 an hour, nearly three times what IPI was paying them for the same work.

Plaintiffs further learned that the Italian workers were being paid $30 an hour, also for the same work that they were doing.