Court Allows Worker Anonymity in Lawsuit

The U.S. 9th Circuit Court of Appeals ruled that 23 garment workers in Saipan who anonymously sued several clothing manufacturers can continue to use pseudonyms because of potential retaliation. Saipan is a U.S. territory with a thriving garment industry. The workers sued on behalf of about 25,000 other workers, alleging that the employers violated the Fair Labor Standards Act by providing poor working conditions and substandard company housing, and by failing to pay overtime, among other things. A lower court granted the manufacturers’ request for dismissal because the workers’ anonymity interfered with their ability to defend themselves. The three-judge appeals court panel said the lower court failed to grasp the extent of the physical threat to the workers, most of whom are from China and fear retaliation from employers, the Chinese government and third-party “recruiting companies” that hire the workers in China for the clothing manufacturers. In addition, the appeals court said that fear of economic retaliation could be considered a reason for preserving plaintiff anonymity.

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