Court dismisses discrimination complaint against GDOE

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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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Jolene Toves
Jolene joined the PNC team in 2017, as a producer, co-anchor and investigative reporter covering law enforcement, courts and crimes. Notable coverage includes the Ehlert case, the Mark Torre Jr. trial, the Allan Agababa trial, exclusive pieces on the Life of a Drug Dealer/Addict, and Life behind bars...the story of Honofre Chargualaf and Kevin Cruz. In 2019, she was promoted to Assistant News Director and Lead Anchor. From 2015 to 2017 she served as Public Relations and Promotions Manager, for the Hotel Nikko Guam handling local radio and advertorial promotions, as well as produced and directed tv commercials for the hotel. Prior to this she worked with KUAM for three years as a reporter and segment host. She began her journalism career in 2012, working with Glimpses of Guam contributing to the Guam Business Magazine, R&R magazine, MDM magazine and the Marianas Business Journal.

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