The CNMI Department of Commerce, its leadership, and the Civil Service Commission are facing a federal lawsuit alleging they violated the Americans with Disabilities Act by firing an employee with a disability without just cause.
Last Monday, former Department of Commerce employee Anne Maureen S. Atao, through attorney Steven C. Woodruff, filed a lawsuit in U.S. District Court on behalf of the NMI against the Department of Commerce, former Secretary Edward Deleon Guerrero, Acting Secretary Francisco Cabrera, and the National Civil Service Commission. The lawsuit alleges violations of the Americans with Disabilities Act by firing Atao without cause.
“Plaintiffs bring this action seeking declaratory and injunctive relief and damages to remedy their legal negligence and compensate them for the harm they have suffered as a result of Defendants’ acts and omissions in violation of the Americans with Disabilities Act and in violation of CNMI law,” the complaint states.
In addition to declaratory and injunctive relief and damages, the plaintiffs are also seeking damages for the injuries they have suffered, declaratory judgment and injunctive relief.
According to the complaint, Atao was hired by the CNMI Department of Commerce on Nov. 8, 2021, and her employment began on Jan. 2, 2022, as a Clerk Typist III under a limited term not to exceed Sept. 30, 2022. She was assigned to the Department of Commerce’s Workers’ Compensation Board Division and reported to the supervision of Director Cabrera.
Atao suffers from diabetes, diabetic neuropathy, high cholesterol, asthma and anxiety disorders, all of which are recognized as disabilities under federal law, according to the lawsuit. The defendants were informed of her disabilities in February 2022, she added.
“Plaintiff maintained exemplary work performance at all times during his employment with the CNMI Department of Commerce, except for absences due to medical needs, primarily related to his disability and related medications, and jury duty as required by law,” Woodruff said.
According to the complaint, on May 26, 2022, Atao received a “Notice of Termination” signed by former Secretary Guerrero, informing him that his employment would be terminated within 14 days.
The primary reason for dismissal set out in the notice was that the plaintiff had taken 108 hours of “leave without pay” (LWOP) in a period less than 12 months.
“While this is objectively true, it is not a valid reason for termination. As a presumptive basis for termination, there are two major problems with this. First, leave without pay (LWOP) is simply not a valid reason for termination. Absence without leave (AWOL) is a valid reason, but it is not LWOP. Plaintiff was not AWOL. This is the second problem with excess absenteeism. Plaintiff prepared leave requests for all of her leave and all of her leave requests were approved. In other words, Plaintiff had no unexcused leave whatsoever,” Woodruff argues.
Woodruff further argues that all of Atao’s absences were for legitimate reasons, most of which were for reasons protected by the Americans with Disabilities Act and other federal laws.
“The termination notice continued to criticize Plaintiff in a derogatory, degrading and insulting manner, without any factual basis, for failing to maintain the ‘highest standards of honesty, integrity, fairness and conduct’ required by the Personnel Office. The notice further stated that the decision was ‘final’ and ‘non-appealable,'” the lawsuit states.
Woodruff further states that Atao complained of wrongful termination to the Federal Civil Service Commission, but the commission wrongfully refused to consider her complaint and denied her due process.
“As a result of Plaintiff’s wrongful and unlawful termination, Plaintiff lost her eligibility to receive food stamp benefits. Plaintiff appealed the loss of eligibility, but her benefits were not restored pending a decision on appeal, despite her loss of income as a result of her involuntary termination,” the complaint states.
On or about July 20, 2022, Atao filed a discrimination complaint with the U.S. Equal Employment Opportunity Commission.
On March 5, 2024, Atao received a Notice of Right to Sue from the EEOC.