Six workers file suit vs defunct garment firm

Six alien workers filed a discrimination lawsuit in federal court yesterday against defunct garment manufacturer Sam Kwang Saipan Corp. and its officers.

Marissa V. Acunin, Virginia Q. Alipio, Remedios Amor, Nenita A. Espinosa, Erlinda M. Reginio, also known as Erlinda Carandang; and Norma D. Quejano sued Sam Kwang and its then general manager Jong Suk Park, production manager Cheng Zi We, and supervisor Xin Yu Xian.

The six, through lawyer Stephen C. Woodruff, sued the defendants for unlawful discharge/national origin discrimination, differential treatment on overtime work assignments, violation of American with Disabilities Act, retaliatory discharge, breach of contract, intentional infliction of emotional distress, and violation of the Age Discrimination Act.

The complainants asked the U.S. District Court to order the defendants to award them lost earnings and lost employment benefits, and punitive damages. They also demanded payment for attorney’s fees and court costs.

Sam Kwang Saipan Corp. shut down its factory in Afetnas in January 2008, citing the rising cost of labor, increased competition in China and other Asian countries, and the increased costs of doing business in the CNMI.

Woodruff stated in the complaint that in October and December 2006, plaintiffs filed charges of discrimination with the Equal Employment Opportunity Commission against Sam Kwang. In May 2008 EEOC issued each plaintiffs a notice of right to sue.

Woodruff said the six workers were separately terminated in December 2006, February 2007, and December 2007.

In their place, Sam Kwang hired Chinese workers under the same contracts as those of the six complainants, Woodruff said.

During their employment, Woodruff said, the six—and Filipino workers as a class—were regularly and almost routinely humiliated and insulted by their Chinese production manager, We.

Woodruff said We, without any basis, questioned the plaintiffs’ performance and made racial slurs like, “Filipinos no good, very slow.”

“Chinese workers were not subjected to similar humiliating and unfounded comments by We and were in fact unfairly favored by defendants over the Filipino workers, for instance with respect to overtime work,” Woodruff said.

In November 2006 and January 2007, the lawyer said, Park informed plaintiffs that their employment contracts would not be renewed upon their expiration dates.

“Around the time plaintiffs were informed of their non-renewal, defendants were continuously hiring new Chinese workers and renewing Chinese workers who were already employed,” he said.

Woodruff noted that defendants even hired more new Chinese workers.

He said the six repeatedly complained to Park, We and, Xian and to their local manager about the disparate treatment, but their complaints were ignored.

Woodruff said that, on different occasions in July and August 2006, We, without any valid reasons, would insult the workers with racial slurs such as, “Filipino lady no good, very slow” or “You are very old, very slow and wearing eyeglasses because eyes no good.”