A CONSTRUCTION engineer with disability who was formerly employed by Imperial Pacific International LLC has filed a lawsuit against the casino investor in federal court.
Rongkun Xiao, a U.S. citizen residing on Saipan, through attorney Collin Thompson, sued IPI for wrongful termination and retaliation under the Americans with Disabilities Act.
Xiao wants a jury trial and is seeking full back pay, benefits and reinstatement to a position he would have obtained in the absence of discrimination or, in the alternative, front pay.
The lawsuit also requests the court to award the plaintiff with an undetermined amount of damages and future economic and non-economic losses as well as reasonable attorney’s fees and costs, including but not limited to expert witness fees.
Xiao was hired by IPI on or about March 17, 2016 and worked as a site engineer at the hotel and casino project in Garapan, his lawsuit stated.
In November 2018, he “severely injured his spine causing paralysis. Mr. Xiao suffered a permanent disability and now relies on a wheelchair for mobility. Despite his disability, Mr. Xiao remained willing and able to perform the essential functions of his job with IPI.”
In January 2020, Xiao requested accommodation from IPI based on the recommendation of his doctors, the lawsuit stated.
“IPI refused to provide any accommodation. Rather than provide accommodation, IPI retaliated against Mr. Xiao because of his disability by offering a take it or leave it demotion. The demotion included a reduced salary to less than half his previous pay. Mr. Xiao did not accept IPI’s proposal. IPI then targeted Mr. Xiao for termination. On March 30, 2020, in retaliation for requested accommodation and/or because of Mr. Xiao’s disability, IPI placed him on ‘furlough’ while hiring an able-bodied person to take his job. IPI abandoned Mr. Xiao and its obligations under federal law,” the lawsuit stated.
According to his complaint, Xiao is a qualified individual with a disability within the meaning of the Americans with Disabilities Act of 1990.
Xiao also timely filed a formal charge of discrimination with the U.S. Equal Employment Opportunity Commission, and promptly and diligently fulfilled all EEOC requests for information while cooperating in the agency’s investigation, his lawsuit stated.
It added that Xiao “exhausted all available administrative remedies in accord with the law prior to instituting this civil action.”
Xiao received a right to sue from the EEOC on Nov. 17, 2021, his lawsuit stated.
