‘Nothing frivolous in discrimination suit vs World Resort’

A federal judge has found no proof that a discrimination lawsuit filed against World Resort is frivolous.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona ruled yesterday that she has found nothing to indicate that an employment discrimination lawsuit filed by a former supervisor against World Resort is frivolous or malicious.

She gave Sathiyapalan Kalarikkal the go-signal in his lawsuit against the hotel’s owner, World Corp., saying that World Resort is not immune to monetary damages.

Kalarikkal had filed the lawsuit without a lawyer and had asked to be allowed to file the suit without requiring him to first pay for fees and costs. Manglona approved Kalarikkal’s request, saying all such complaints must be screened to ensure that they are not frivolous or malicious, that they state a claim on which relief may be granted, and they do not seek monetary relief against an immune defendant.

Manglona directed the court’s clerk to summon World Corp. and authorized the U.S. Marshal to serve the complaint and summons.

As of press time yesterday, Saipan Tribune was still trying to get comments from World Resort.

Kalarrikal was an employee of World Resort in early 2018. His complaint did not state what his job was but it appears he was a supervisor at Oasis Massage within World Resort. He was working under an employment contract that expired March 31, 2018, and a CW-1 visa that expired Sept. 30, 2018.

On Jan. 18, 2018, the hotel’s human resources manager, Jun Ham, allegedly informed him that the company would not renew his contract or apply to renew his CW-1 visa, saying that World Resort was closing the Oasis Massage.

The plaintiff said Ham told him that “Indian massage is not in demand and your skill is no more needed.”

Kalarikkal felt this remark to be discriminatory and derogatory.

He asked to be transferred to another department but Ham allegedly responded that, while company staff and managers can transfer, supervisors cannot.

Kalarikkal said he offered to be demoted in order to transfer, but Ham allegedly kept forcing him to look for a new employer instead.

The next day, Jan. 19, 2018, Kalarikkal sent a letter to general manager Henry Kim to reconsider the decision and allow him to transfer.

Kim allegedly responded that transfer would not be possible, but that World Resort might extend his contract for a few months.

On Jan. 30, 2018, World Resort posted job vacancy announcements on the CNMI Department of Labor website for Oasis Massage’s staff and manager, but not for Kalarikkal’s position.

Subsequently, Kalarikkal said, World Resort extended the staff and managers’ contracts a full year, to March 31, 2019, but not his contract.

On April 4, 2018, Kalarikkal signed a contract that extended his job for only four months, to Aug. 31, 2018.

Kalarikkal said that, on Aug. 27, 2018, management issued a memorandum temporarily re-assigning the staff of Oasis Massage to another department, but not him.

Kalarikkal then filed a charge of discrimination with the Equal Employment Opportunity Commission. On Nov. 5, 2018, the EEOC gave him a right-to-sue letter, notifying him that he had 90 days to file a lawsuit based on the discrimination charge.

Kalarikkal filed this lawsuit on Feb. 7, 2019. He asserts that because of World Resort’s discrimination against him, he lost the opportunity to renew his CW-1 visa and suffered unemployment and severe trauma to himself and his family. He asks the court to hold World Resort liable to pay him damages.