THREE Muslims have filed a lawsuit in federal court against a garment factory and two employees for allegedly practicing religious and racial discrimination.
Ala Uddin, Easha Haque, and Ratan Ratan sued American Pacific Textile, Inc., “Mr. Kim,” and Augustin R. Litulumar for alleged racial discrimination, retaliation, fraud, and intentional infliction of emotional distress.
The plaintiffs asked the U.S. District Court to issue a judgment finding American Pacific Textile and Kim liable for violation of Title VII of the Civil Rights Act of 1964 for practicing religious and racial discrimination.
The plaintiffs, through attorney Loren A. Sutton, requested the court to order American Pacific Textile and Kim to pay them compensatory damages, back pay, damages, court costs, and attorney’s fees.
The plaintiffs also sought a court order holding American Pacific Textile and Litulumar liable for fraud for allegedly collecting $1,000 each from them apparently in exchange for hiring them.
When contacted by Variety yesterday for comment, Michael Dotts, counsel for American Pacific Textile, said the lawsuit “is a mere opportunistic effort to grab money.”
Dotts said the same charges were filed by the plaintiffs with the Equal Employment Opportunity Commission, but EEOC decided not to pursue the case.
Sutton said in the complaint that Uddin was employed by American Pacific Textile in 1998 after availing of the CNMI limited immunity program.
Subsequently, Sutton said, Uddin was hired by American Pacific Textile on a one-year contract.
Prior to being hired permanently, Litulumar told Uddin that in order to process his papers, he must pay him $1,000. Uddin paid the amount, the lawyer alleged.
Sutton said in Dec. 1998, Uddin asked for and was given permission for a 10-minute break on a daily basis between 6:30 p.m. and 6:45 p.m. starting Dec. 21, 1998 to pray, as all Muslims are required to do, during the holy month of Ramadan, which was from Dec. 21 to Jan. 20, 1999.
The schedule, Sutton said, was followed for the first 10 days of Ramadan, but on the 11th day, Uddin was told by Kim, a packing manager at the time, that he could not pray.
Kim allegedly told Uddin: “What kind of a religion is this?”
Sutton said for the rest of Ramadan, Uddin was prevented from practicing his religion in the required manner by Kim’s prohibition.
With respect to Ratan, Sutton said the worker was hired by American Pacific Textile in 1998, but a condition of being hired presented to him by Litulumar, was that he must pay $1,000.
Sutton said that on Feb. 18, 1999, Ratan participated in a peaceful group demonstration at Horiguchi Building in Garapan against a prior employer and abuses against several Bangladeshi workers.
Ratan also attended a candlelight vigil on the same subject at the Hyatt Hotel that evening. Litulumar was there observing, the lawyer said.
The following day, Sutton said, Litulumar contacted Ratan and told him he would not be renewed because he had demonstrated against garment companies.
Sutton said Ratan was given permission to pray during Ramadan for 10-minutes each evening, but after 10 days he was deprived of that right and not allowed to pray for the rest of Ramadan.
Sutton said the same thing happened to Haque during Ramadan.
“As a result of such illegal and willfully discriminatory acts by Mr. Kim and American Pacific Textile, plaintiffs have suffered humiliation, embarrassment, and personal indignities and were prevented from worshipping according to their faith and from properly observing the most sacred period established by their Muslim religion,” Sutton said.
