A civil case involving the Guam Department of Education allegedly violating an applicant’s equal opportunity employment rights has been dismissed by the federal court which cited that the plaintiff failed to state a claim.
Gabriel Lau filed a claim seeking relief from the District Court of Guam. He alleged that he was interviewed for a math teacher position in 2015 and while he was recommended for hire by his interviewee and the principal of the school, he was not hired. Lau believes that his disability was the reason he was not hired. As such he believes it is a discriminatory and retaliatory act.
District Court Chief Judge Frances Tydingco-Gatewood has dismissed the claims, pointing out that the claims are identical to allegations the court previously found insufficient in an earlier case brought forth by Lau. She further pointed out that Lau’s previous claim actually provided more factual allegations than alleged in the latest one.
“Although Plaintiff’s allegations are certainly consistent with discrimination or retaliation, they are not plausibly suggestive of such unlawful motives,” stated the federal judge.
The chief judge says that providing Lau leave to amend the claim and cure the deficiencies Is futile.
“The Court has also considered the other attachments to the complaint but finds that they add nothing substantive to the merits of plaintiff’s claim. To the extent Plaintiff is aware of additional facts supporting his claim, he was already on notice from prior orders dismissing similar claims that those additional facts needed to be alleged.”
Based on this, the Chief Judge has granted GDOE’s motion to dismiss the complaint and has dismissed it without leave to amend. Because of this, all pending motions in the case have subsequently been denied as moot.
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