U.S. District Court for the NMI Chief Judge Ramona V. Manglona, who is presiding over the trial, has denied the defendants’ motion for judgment as a matter of law on the U.S. Equal Employment Opportunity Commission’s claim for punitive damages against Asia Pacific Hotel which is doing business as Saipan Grand Hotel.
Manglona also denied the defendants’ motion to dismiss Tan Holdings as a defendant.
Prior to this 2008 sexual harassment incident, EEOC counsel Derek Li told the court there were other five sexual harassment incidents that were reported from 2006 and 2007.
The defendants’ attorney Steven Pixley told the court his clients had an antidiscrimination policy, and underwent training on antidiscrimination policy.
Department of Public Safety Detective Simon Manacop was called as a defense witness.
The detective read Michelle A. Bunoan’s statement to the police on Jan. 7, 2008 that she and former Saipan Grand Hotel’s food and beverage manager Thomas Alegre “were just friends,” and they were not in a relationship.
Bunoan, the plaintiff, was a singer of a band that was performing at the hotel at that time.
When cross examined by EEOC counsel Derek Li, Manacop described the plaintiff at the time of her deposition as “emotional, and crying.”
Melinda Javier was the last to be called to the witness stand. She worked at Saipan Grand Hotel from 1992 to 2008.
From 2008 up to last week, Javier said she worked as supervisor at Joeten Store.
Javier testified she was rehired by Saipan Grand Hotel on Dec. 4, 2011, a week before the jury trial, after she read in the Tan-owned Saipan Tribune that the hotel was looking for a supervisor.
At the time of the alleged incident, Javier testified she was the hotel’s food and beverage supervisor and Alegre was her manager.
Javier said she observed the plaintiff and Alegre as having an “eye to eye contact” and that “there was sweetness” between them.
Javier said she once saw the plaintiff and Alegre “embracing and hugging.”
When cross examined by EEOC counsel Nancy Griffiths, Javier testified she didn’t report the matter to “higher management” because it was “personal” and “it’s their lives.”
Javier said she had EEO training.
In its lawsuit, EEOC charged that the former restaurant manager of the hotel sexually assaulted a female employee while she was asleep in her room.
EEOC also alleged that the hotel failed in its obligation to prevent this egregious act of sexual harassment from occurring in its workplace and correct it once it occurred.
The defense has denied the charges, adding that the plaintiff engaged in a consensual relationship with the former hotel manager.
Alegre was terminated by the hotel and has returned to the Philippines.
