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By Cherrie
Anne E. Villahermosa
Variety News Staff
A WORKER has sued a now defunct
garment factory for not renewing her employment contract due to her physical
disability.
Qian Xiaoli through her lawyer Joseph E. Horey filed a complaint in federal
court against Grace International Inc.
The complaint stated that Qian was employed as a machine operator beginning
on Oct. 15, 2002. Her contract was renewed in 2003 and 2004.
Beginning in May 2005, she began to suffer from chronic back pain which
has been diagnosed as mechanical lumbar spine dysfunction.
The complaint stated that the condition prevented Qian from lifting heavy
objects more than 10 pounds and from sitting especially bent forward for
extended periods of time without pain.
With reasonable accommodation, including assignment to different types
of work within the factory, Qian could have continued to work efficiently
and without pain, the complaint stated.
It added that Qian was transferred briefly to the packing section, but
the loading work that involved heavy lifting was painful for her.
The complaint stated that Qian was then assigned to work she could perform
without difficulty such as sorting and wrapping in the packing section
and to thread removal in the sewing section but was reassigned back to
sewing after two or three days. When she requested different work, her
request was denied.
Grace International declined to renew her contract when it expired in
Oct. 2005.
Qian believes she was not renewed because of her disability.
Her lawyer has submitted a motion for a preliminary injunction against
the defendant, preventing Grace International Inc. from removing assets
from the CNMI.
Grace International has closed its factory on Saipan and has ceased doing
business here.
Qian is requesting a jury trial and is seeking damages in an amount to
be determined during trial.
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