Vol. 35 No.7
       ©2007 Marianas Variety
Monday, March 26, 2007 www.mvariety.com
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© 2007 Marianas Variety
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Man sues Freedom Air for discrimination

By Cherrie Anne E. Villahermosa
Variety News Staff

A MAN has sued Freedom Air for discrimination, saying that the company refused to hire him because of his age.
Nicolas Pohl, through attorney Colim M. Thompson, filed the lawsuit in federal court against Aviation Services Ltd., a Guam corporation doing business as Freedom Air, and five others identified only as “Does I-V.”
Pohl is seeking a jury trial.
His complaint states that prior to the filing of the lawsuit, Pohl filed charges of discrimination with the Equal Employment Opportunity Commission alleging violations of the Age Discrimination in Employment Act, or ADEA, by Freedom Air.
The complaint stated that since Feb. 2006, Freedom Air has engaged in unlawful practices at its Saipan facility in violation of Section 4 of the ADEA, 29 USC 623.
These practices, the complaint added, include subjecting Pohl to discrimination on the basis of his age by depriving him of employment benefits given to employees and refusing to hire him because of his age.
According to the complaint, the effect of Freedom Air’s practices has been to deprive Pohl of equal employment opportunities and otherwise adversely affect his status as an employee because of his age.
The complaint stated that “the unlawful employment practices were intentional within the meaning of the ADEA and were done with malice or with reckless indifference to the federally protected rights of the plaintiff who was discriminated against on the basis of his age.”
Pohl is seeking a permanent injunction enjoining Freedom Air from engaging in discrimination on the basis of age or any other employment practice that discriminates in violation of Title VII of the ADEA.
Pohl wants Freedom Air to provide him appropriate back pay with pre-judgment interest, in amounts to be determined at trial “and other affirmative relief necessary to eradicate the effects of its unlawful employment practice.”
Pohl is also seeking compensation for “past and future pecuniary losses resulting from unlawful employment practices including medical expenses not paid by the employer in amounts to be proven at trial.”
He is, moreover, seeking “past and future non-pecuniary losses resulting from (Freedom Air’s) unlawful employment practices and for punitive damages for its malicious and reckless conduct in amounts to be proven at trial, for attorney’s fees, cost of suit and for other relief.”