Vol. 35 No.26
       ©2007 Marianas Variety
Friday, April 20, 2007 www.mvariety.com
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Worker sues defunct garment factory

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.