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Jan-11-2010

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From-LEGAL UNIT
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21 3-894-1 301

T-703

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F-176

Anna Y. Park, SBN 164242
‘fichael J. Fanell SBN 266553
I s. E UAL EMPLOYMENT
IPPOR %TY
COMMISSION
55 East Tern le Street Foilrth FIoor
0 s ~ n g e i e s f ~ goo 12
’elephone: 2 13) 894-1 083
acsiqile: ( 13) 894-1301
:-Mail; lado .lePal@,eeoc.
gov

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4 1
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Clerk

F I L E D
District court
JAN O 2 201.3

For The Northern Marian8 Islands
BY

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for Plaintiff

Eh.IPLOYMENT

COMMISSION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF THE NORTHERN MARIANA ISLANDS

J.S. EQUAL EMPLOYMENT
3PPORTUNITY COMMISSION,

Plaintiff,

-00

Case No,;
COMPLAINT - CIVIL RIGHTS /
EMPLOYMENT
DISCRIMINATION

Sexual Harassment

ASIA PACIFIC HOTELS, INC., d/b/a
SAIPAN GRAND HOTEL AND TAN
HOLDINGS, INC., d/b/a TAN
HOLDINGS COMPAW and DOES 1-
1 0, Inclusive,

Defendants.

(42 US.C. $$2000e, et seq.)

JURY TRIAL DEMAND

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NATURE OF THE ACTION

This is an action under Title VI1 of the Civil Rights Act of 1964 and
ritle I o f the Civil Rights Act of 199 I to correct unlawtill employment practices
in the basis of sex and to provide appropriate relief to Charging Party Michelle
3unoa.n. As stated with greater particularity in Paragraph 13 below, Plaintiff, the
alleges tha
Jnited States Equal Employment Opportunity Commission,
Defendants Asia Pacific Hotels, Znc,, d/b/a Saipan Grand Hotel and Tan Holding!
Zorporation, d/b/a Tan Holdings Company, and Does 1 - 10 (“Defendants” 01
“Defendant Employers”) subjected Charging Party Michelle Bunocm (“Charging
Party” or “’Bunom”) to unwelcome sexual harassment which was sufficiently
severe to create a hostile, abusive work environment.

JURISDICTION AND VENUIE

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. $5 451,

1.

1331, 1337, 1343, and 1345.

2.

This action is authorized and instimted pursuant to Section 706(f)(l)
and (3) of Title VI1 of the Civil Rights Act of 1964, as amended, 42 W.S.C. 5
2000e-5(f)(l) and (3) (“Title VII”) and Section 102 of the Civil Rights Act 01
1991,42 U.S.C, !j 1981a.

3.

The employment practices alleged to be unlawhl were committed
within the jurisdiction of the United States District Court for the District of the
Northern Manana Islands.

PARTIES

4.

Plaintiff, the Equal Employment Opporninity Commission (‘TEOC’
or the “Cornmission“), is tlie agency of the United States of America charged wit1
the administration, interpretation, and enforcement o 1: Title VII, and is expressl)

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authorized to bring this action by Sections 706(t)(l) and (3) of Title VII, 42
U.S.C. 8 2000e-5(f)( 1) and (3).

5 .

At all relevant times, Defendant Asia Pacific Hotels, Inc. d/b/a
Saipan Grand Hotel ("Asia Pacific") has been continuo~sly doing business in
Saipan and in the jurisdiction of the United States District Court of the Northern
Mariana Islands. At all relevant times, Defendant Asia Pacific has continuously
had at least 15 employees.

6. At all relevant times, Defendant Asia Pacific has continuously been
an employer engaged in an industry affecting commerce within the meaning 01
Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. 5 2000e(b), (g), and (h).

7.

At all relevant times, Defendanr Tan Holdings, Inc. d/b/a Tan
Holdings Company ("Tan Holdings") has been continuously doing business in
Saipan and in the jurisdiction of rhc United States Disrrict Court of the Northern
Mariana Islands, At all relevant rimes, Defendant Tan Holdings has continuously
had at least 15 employees.

8.

At all relevant times, Defendant Tan Holdings has continuously been
an employer engaged in an industry affecting commerce within the meaning of
Sections 701@), (g), and (h) of Title VII, 42 U.S.C, 8 2000e(b), (g), and (h).

9.

Plaintiff is ignorant of the tnic names and capacities of Defendants
sued as Does 1 through 10, inclusive. Therefore, Plaintiff sues said Defendants by
such fictitious names. PIaintiff reserves the right to amend the complaint to name
the Doe Defendants as they become known. Plaintiff alieges that each of the
Defendants named as Doe Defmdants was in some manner responsible for the
acts and omissions alleged herein and Plaintiff will amend the cornplaint to alIege
such responsibility when Plaintiff has asccrraincd [lie idenrity of the Doe
Defendants.

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10.

It is further alleged on information and belief that the named and
Lmnarned Defendants in his complaint are alter egos, joint employers, andor
integrated enterprises of each other.

11. All of the acts and hilures to act alleged herein were duly performed
by and attributable to all Defendants, each acting as successor, agent, employee,
or under the direction and control of the others, except as otherwise specifically
alleged. The alleged acts and failures to act were within the scope of such agencj
and/or employment, and each Defendant participated in, approved and/or ratifiec
the other Defendants’ unlawhl acts and omissions alleged in this complaint,
Whenever and wherever reference is made in this Complaint to any act by a
Defendant or Defendants, such allegations and reference shall also be deemed tc
mean the acts and failures to act of each Refendant acting individually, jointly,
andor severally.

STATEMENT OF’ CLAIMS

12. More than thirty days prior to the institution of this lawsuit, Bunoan
filed a charge with the Commission alleging that Defendant Employers violated
Title VII. The Commission investigated the charge and issued a Letter ol
Determination finding that Defendant Employers subjected Bunoan to a sexually
hostile work environment. Prior to instituting this lawsuit, the Commission
attempted to eliminate the unlawbl employment practices herein alleged and to
effect voluntary compliance with Title VI1 through informal methods of
conciliation, conference and persuasion within the meaning of Section 706(b) of
Title VlI, 42 U.S.C. $2000e5(b). All conditions precedent to the instirution of this
lawsuit have been met.

13.

Since in or about January of 2008, Defendant Employers have
engaged in unlawful employment practices at their Saipan Grand Hotel worksitc
in violation of Section 703 of Title VtI, 42 U.S.C. 4 2000e-2. Defendant

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Elnployers subjected Bunoan to unwelcome sexuai harassment which was
sufficiently severe to create a hostile, abusive work environment.

(a>

Defendant Employers' Restaurant Manager was
Bunoan's immediate supervisor. That Manager subjected Bunoan to unwelcome
physical touching of a sexual nature. Specifically, the Manager lay down in the
bed in Bunoan's hotel room where Bunoan was sleeping, partially undressed her
and engaged in acts of physical touching of a sexual nature. The Manager undid
Bunoan's bra, unsnapped her skirt and lowered her panties. Bunoan awoke when
she felt the Manager caressing her stomach.

co>

The sexual conduct by Bunoan's immediate supervisor
was unwelcome. When Bunoan awoke to find herself undressed and her Manage:
touching her in a sexual manner she immediately began to scream and cry. Thr
local police officials were called and the Manager was taken into custody
Bunoan wanted criminal charges to be filed against the Manager for tht
unwelcome sexual conduct and wanted him to be held in custody.

(4

The sexual conduct was severe as it included undressing
Bunoan to expose her and physically touching her in a sexual manner without he]
consent.

Id)

Defendant Employers failed 10 take reasonable steps tc
prevent and correct the harassment. This failure incltides, but is not limited to, the
fact that Defendant Employers did not provide Bunoan or the Manager with their
anti-harassment policy and the fact that they did they require that the Manage1
attend the Company's EEO training regarding those policies. AEter the sexual
harassment occurred, Defendant Employers attempted to cover up the incident by
ciyiiig to coerce Bunoan into leaving the CNMI by threatening to make a false
rcport to aiithorities regarding her immigration status.

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14. The effect of the practices complained of in Paragraph 13 above, has
been to deprive Bitnoan of equal employmenr opport.Llnities and otherwise
adversely affect her status as an employee because of her sex, female.

15.

The unlawhl employment practices described in Paragraph 13 above

were intentional.

16.

As a direct and proximate result of the acts of Defendants, as
described above, Bunoan has suffered pain and suffering, inconvenience, loss ol
enjoyment of life, humiliation and emotional distress damages, all to be proven a1
trial.

17.

As a direct and proximate result of Defendants’ acts as described

above, Bunoan suffered a loss of earnings in an amount to be proven at trial.

18.

The unlawhl employment praaices described in Paragaph 13 above
were done with malice or with reckless indifference to the federally protected
rights of Bunoan.

PRAYER FOR RELIEF

A.

Wherefore, the Commission respectfully requests that this Court:
Grant a permanent injunction enjoining Defendant Employers, their
respective officers, successors, assigns, agents, and all persons in active concert or
participation with them, from engaging in any employment pracrices, including
sexual harassment, which discriminate on the basis of sex

B.

Order Defendant Employers to institute and carry out policies,
practices, and programs which provide equal employment opportunities, and
which eradicate the effects of its past and present unlawful employment practices.
Order Defendant Employers to make whole Bunoan by providing
appropriate back pay with prejudgment interest, in amounts to be detmined at
trial, and other affirmative relief necessary to eradicate the effccts of Defendants’
unlaw fit1 employment practices.

C.

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D, Order Defendant Employers to nzalte whole Bunoan by providing
compensation for past and future pecuniary losses resulting from the unlawful
employment practices described above, in amounts to be determined at trial,

Order ,Defendant Employers to make whole Bunoan by providing
compensation for past and future nonpecuniary losses resulting from the unlawful
employment practices complained of above, including, but not limited to,
emotional pain and suffering, inconvenience, loss of enjoyment of life and
humiliation, in amounts to be determined at trial.

F.

Order Defendant Employers to pay Bunoan punitive damages for
their malicious and /or reckless conduct as described above, in amounts to be
determined at trial.

G . Grant such fbrther relief as the Court deems necessary and proper in

the public interest

H.

Award the Commission its costs of this action.

Ill
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JURY TRIAL DEMAND

The Commission requests a jury trial on all questions of fact raised by its

omplaint.

JAMES LEE
Acring General Counsel
GWENDOLYN YOUNG R E M S
Associate General Counsel
US. Equal Employment Opportunity
Commission
13 1 M Street, N.E.
Washington, DC 20507

)ate: Januw 1 1,2010

BY:

ANNA Y. PARK

SiipervisofTrial Attorney
GREGORY L. McCLINTON
Senior Trial Attorney
US. Equal Employment Opportunity
Coinmission
Los Angeles District Office
Honolulu Local Office

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