Commerce accused of violating Americans with Disabilities Act

The CNMI Department of Commerce, its leadership, and the Civil Service Commission have been slapped with a federal court lawsuit for allegedly violating the Americans with Disabilities Act after terminating an employee with a disability without valid reason.

Last Monday, through attorney Stephen C. Woodruff, former Department of Commerce employee Ann Maureen S. Attao filed a lawsuit with the U.S. District Court for the NMI against Commerce, its former secretary Edward Deleon Guerrero, its acting secretary Francisco Cabrera, and the Civil Service Commission. The lawsuit alleges a violation of the Americans with Disabilities Act after Attao was terminated without valid reason.

“Plaintiff brings this action…for declaratory and injunctive relief and damages to correct legal wrongs and compensate for injuries suffered on account of acts and omissions of defendants in violation of the Americans with Disabilities Act and in contravention of CNMI law,” said the lawsuit.

Aside from declaratory and injunctive relief and damages, plaintiff further seeks damages, declaratory judgment, and injunctive relief with respect to injuries sustained.

According to the lawsuit, Attao was hired by the CNMI Department of Commerce on Nov. 8, 2021, with employment commencing Jan. 2, 2022, as a clerk typist III under limited term appointment not to exceed Sept. 30, 2022. She was assigned to the Workers Compensation Commission Division of the Department of Commerce under the supervision of division director Cabrera.

The lawsuit notes that Attao suffers from diabetes, diabetic neuropathy, high cholesterol, asthma, and anxiety, all recognized disabilities under federal law. She adds that the defendants were made aware of her disabilities in February 2022.

“At all times during her employment with the CNMI Department of Commerce plaintiff maintained an exemplary work performance aside from absences necessitated mostly by medical needs associated with her disability and related medications, and by jury duty required by law,” said Woodruff.

On May 26, 2022, the lawsuit states that Attao was served with a “notice of termination for cause” signed by former secretary Guerrero stating that her employment would be terminated in 14 days.

The first reason for termination given in the notice was that plaintiff had 108 hours of “leave without pay” (LWOP) in less than a 12-month period.

“While this was objectively true, it did not constitute a legitimate ground for termination of employment. There were two very big problems with this as a putative basis for termination of employment. First, leave without pay (LWOP) is not proper ground for termination of employment at all. Absence without leave (AWOL) is, but not LWOP. Plaintiff was never AWOL. This is the second problem with the excess absences; plaintiff prepared leave requests for all of her time off, and all of the leave requests were approved. In short, plaintiff had zero unauthorized leave,” Woodruff argues.

Woodruff further argues that all of Attao’s missed work hours were for legitimate reasons, and most were for reasons protected by the Americans with Disabilities Act and other federal law.

“The termination notice went on, in a derogatory, degrading and insulting fashion, to accuse Plaintiff, with no factual basis whatsoever, of failure to maintain ‘the highest standards of honesty, integrity, impartiality, and conduct’ required by the Personnel Service. The notice further stated that this decision was ‘final’ and ‘not appealable,’” said the lawsuit.

In addition, Woodruff states that Attao appealed her wrongful termination to the Commonwealth Civil Service Commission but wrongfully refused to consider her appeal and denied her due process of law.

“As a consequence of plaintiffs unjust and unlawful termination, plaintiff lost her Food Stamp eligibility. Plaintiff appealed her disqualification, but the appeal did not restore her benefits pending adjudication, notwithstanding the fact that she no longer had any income due to the involuntary severance of employment,” said the lawsuit.

On or about July 20, 2022, Attao filed a charge of discrimination with the United States Equal Employment Opportunity Commission.

On March 5, 2024, Attao received a right to sue letter from the EEOC.