Longtime staff files discrimination lawsuit vs Aqua Resort

An employee of Aqua Resort Hotel Saipan for 25 years has filed a discrimination lawsuit in federal court over his termination allegedly after his hearing aid malfunctioned and he couldn’t fully understand what the hotel’s general manager told him.

Feloteo V. Ranada, through counsel Jeanne H. Rayphand, asked the U.S. District Court for the NMI to order Aqua Resort to employ him back as a security supervisor and enjoin the hotel from any further prohibited discrimination against him.

Ranada, a Filipino, demanded payment for back pay, damages, court costs, and attorney’s fees.

Saipan Tribune contacted Aqua Resort, but as of press time the management had not yet replied for comment.

Rayphand said Ranada has worked for Ken Aqua Hotel and Resort that owns Aqua Resort Hotel since 1989, initially as security guard and rising to the position of security supervisor in 1991.

Rayphand said during the entire time that Ranada was assigned to and worked for Aqua Resort he was an employee of various manpower services who were joint-employers with Aqua Resort.

At the time of his termination by Aqua Resort, Ranada was assigned to work at Aqua Resort by N.V.M. Security Services.

Rayphand said during the years that plaintiff worked for Aqua Resort, the hotel presented him with certifications for trainings conducted by the hotel’s personnel department, attendance, outstanding achievement, his loyalty and dedication to the company, and service awards.

In 2005, Ranada began using and has continued to use a hearing aid as a result of hearing loss.

On the morning of Aug. 14, 2014, Ranada’s hearing aid malfunctioned.

That same day, Rayphand said, the hotel’s then general manager Hiroyuki Toyoshima attempted to ask Ranada about an incident report, but because of his malfunctioning hearing aid, he was unable to fully understand Toyoshima.

Ranada attempted to explain that his hearing aid had just broken and that he was going to contact the hearing aid provider for the replacement.

The following day, Aug. 15, 2014, Toyoshima allegedly terminated plaintiff’s employment at the hotel.

Ranada then wrote to the hotel to explain the malfunction of his hearing aid, that the aid had been replaced, and begged the hotel to allow him to work again.

Rayphand said Ranada and a representative of the manpower employer, N.V.M. Security Services Enterprises, met with the hotel’s human resources director Becky Cruz in an attempt to reinstate him, but was told that reinstatement was denied because of his hearing impairment.

Rayphand said the hotel’s termination of Ranada’s employment is a violation of the law, which prohibits discrimination on the basis of disability.

Rayphand said the hotel failed to accommodate Ranada’s disability for a temporary (less than one day) loss of hearing when his hearing aid malfunctioned.