99 Cents vows to fight lawsuit

The owner of 99 Cents Supermarket denied that any harassment occurred at its Garapan store and vowed to fight the federal discrimination lawsuit filed against it by the U.S. Equal Employment Opportunity Commission.

“99 Cents Supermarket denies that its managers or employees subjected Luzviminda S. Francisco to harassment or retaliation as claimed by the California-based EEOC in a lawsut filed Monday in U.S. District Court. 99 Cents will vigorously defend [itself against] the lawsuit,” reads a statement from 99 Cents owner Yong Yoon Hojin.

In the lawsuit, the EEOC alleged that a store manager subjected female employees to sex harassment and that the employer retaliated against one employee by not renewing her work contract because she complained about the harassment.

The sex harassment allegedly included unwelcome touching when the store manager repeatedly slapped female employees on their buttocks either with his hand or with a textile tube.

The South Korean businessman, however, disputed the allegation and even defended the non-renewal of Francisco as following the letter of the law in hiring nonresident workers.

“99 Cents is an equal opportunity employer and lawfully gives preference for cashier positions to resident workers as required by CNMI law,” he said.

In its filing, EEOC said that, although Yong and his associates received notice of the harassment, 99 Cents failed to take appropriate action to investigate and correct any sexual harassment. Instead, the complaining employee lost her job.

EEOC’s Regional Attorney Anna Park said, “The EEOC is committed to protecting employees whose employers retaliate against them for exercising their rights against discrimination. All workers-local and nonresident-have the right to work in an environment free of daily harassment and retaliation. We encourage victims of harassment and retaliation to step forward and notify the EEOC.”

The EEOC filed the suit (EEOC v. 99 Cents Supermarket, Inc., et al, CV 08-0019) in U.S. District Court for the District of the Northern Mariana Islands, after first attempting a voluntary settlement.

EEOC seeks lost wages, compensation for emotional distress, punitive damages, and injunctive relief to prevent and correct any future workplace discrimination.