06 Jul 2017
- By Bryan Manabat – [email protected] – Variety News Staff
NICOLAS Guy Pohl, through attorney Victorino D.L.G. Torres, filed a first amended complaint in his discrimination lawsuit under Title VII against Exxon Mobil Corporation, Mobil Oil Marianas Inc. and its five unnamed officials in the District Court for the NMI on Wednesday.
Pohl in his amended complaint alleges that Mobil discriminated against him based on his race, national origin, and age.
He is seeking damages for the violation of his civil rights and is demanding a jury trial.
In his complaint, which was originally filed in Nov. 2016, Pohl claims that Mobil engaged in unlawful employment practices in violation of the Civil Rights Act in Aug. 2010 when Mobil favored employees who were not Caucasians or Americans.
Pohl, an American Caucasian, said Mobil discriminated against him by not hiring him for the position of field engineering technician.
He said Mobil hired a non-Caucasian, non-American for the job and falsely certified that there was no qualified U.S. citizen available to take the advertised position of field engineering technician.
He further alleges that Mobil subjected him to unwelcome discrimination based on his race and national origin.
Mobil’s discrimination practices deprived Pohl of equal employment opportunities because of his race and national origin, his lawsuit stated.
It added that the unlawful employment practices were intentional, done with malice and with reckless indifference that justifies an award of punitive damages.
As the result of Mobil’s actions, Pohl said he suffered damages including but not limited to emotional distress, loss of pay, benefits and other economic losses for which he should be compensated.
Pohl’s discrimination lawsuit also stated that Mobil favored employees who are under 40 years old. Pohl was 57 years old when he applied for the position.
Mobil’s action, he said, deprived him of equal employment opportunities because of his age.
He wants the federal court to order Mobil to provide him with the appropriate back-pay with prejudgment interest, and front-pay in an amount to be determined at trial, and other affirmative relief necessary to eradicate the effects of Mobil’s unlawful employment practices, his lawsuit stated.
Pohl is also seeking compensation for future non-pecuniary losses resulting from the defendant’s unlawful practices, including but not limited to emotional distress damages to be determined at trial, and special and compensatory damages according to proof.
Moreover, Pohl is asking the court to grant him reasonable attorney’s fee incurred and costs of suit incurred; punitive damages and other relief as the court may deem proper.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/96642-nicolas-pohl-files-amended-complaint-against-mobil