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By Gina Tabonares
Variety News Staff
THREE former female employees
of Leo Palace Resort in a federal discrimination complaint filed a separate
sexual harassment and discrimination complaint against their former employer
before the U.S. District Court of Guam.
Jennifer Holbrook, Vivienne Villanueva and Rosemarie Taimanglo filed their
civil case against Leo Palace Resort Manenggon Hills and 10 unnamed employees
of the resort after they were allowed by the court to be intervenors in
the case earlier filed by the U.S. Equal Employment Opportunity Commission.
In their complaint, Holbrook, Villanueva and Taimanglo named the resort
employee who subjected them to sexual harassment.
According to them, Christine Camacho, a hotel front desk officer, engaged
in a persistent pattern of severe and persuasive harassment, making sexually
explicit, vulgar comments to the complainants. They said Camacho touched
them inappropriately, which created a hostile environment at work.
The complainants said Leo Palace Resort management did not act on their
complaint when informed about Camachos unwanted actions and instead,
tolerated the sexual harassment by reducing the complaining workers
schedule and through hostile interaction during work hours.
Because of the hostile work environment, the three employees resigned
from their jobs after efforts of asking the company to take remedial action
failed.
When they lost their hope with the resort management, they decided to
seek the help of the EEOC, which immediately conducted an investigation
of the complaint.
Prior to the filing of a charge with the EEOC, the three employees gave
the management an actual notice of sexual harassment complaint.
The human resource manager of the company, Mae Paulino, met with the plaintiff-intervenors.
Some management representatives acknowledged Camachos illegal conduct.
The EEOC investigation found reasonable cause to believe that the women
as a class are subjected to a pattern of sexual harassment and retaliation
for having participated in a protected activity.
For four months, the parties participated in the EEOC conciliation process
but failed to resolve the disputes, triggering the complaint filed before
the District Court.
The EEOC filed the civil case against Leo Palace Resort on Oct. 3, 2006,
demanding for a jury trial.
The civil case seeks back pay, and compensatory and punitive damages.
It also wants to require Leo Palace Resort to institute and carry out
policies, practices and programs which provide equal employment opportunities
for women, and which eradicate the effects of its past and present unlawful
employment practices, and to enjoin the defendant from engaging in future
discriminatory practices.
Leo Palace Resort, through its legal representative, Dooley Roberts &
Fowler LLP, filed a reply to the complaint and stated that the EEOC complainants
were each contributorily negligent and consented to the conduct
of which they complain.
Roberts said the claimants encouraged the co-employee who was allegedly
harassing them to engage in sexual banter, and that the alleged harassment
was mutually engaged in between the claimants and the alleged harassing
co-employee.
According to the defendant, one of the complainants, Taimanglo, was the
direct supervisor of the allegedly harassing co-employee and had full
authority to warn and/or discipline her.
Roberts said the work environment at Leo Palace Resort subsequent to the
claimants EEOC complaint was not hostile such that a reasonable
person in claimants positions would have felt they had no choice
but to resign.
The defense said the complainants resigned from Leo Palace after they
were made fully aware that the company had terminated the employee who
was allegedly harassing them.
Leo Palace insisted that it exercised reasonable care to promptly prevent
and correct any sexually harassing behavior and did not discriminate against
the claimants on account of sex.
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