Outrigger, ACLU
seek settlement

The hotel chain faces a complaint
alleging employee harassment

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By B.J. Reyes
breyes@starbulletin.com

A court-ordered settlement conference is scheduled today over a complaint filed by a former Outrigger Waikoloa Beach resort security guard who said he was discriminated against and harassed by other employees because they thought he was gay.

Officials from Outrigger Hotels & Resorts and the American Civil Liberties Union of Hawaii were to meet in Federal District Court in the case of Irvin Villacorte, who said he had been the victim of harassment for about eight years before he was fired for complaining.

The hotel chain "vigorously denies" the allegations and has been fighting the complaint, an attorney said.

"Evidence will show that, contrary to what Mr. Villacorte is alleging, he never complained about being harassed ... during the time that he worked at the hotel," Outrigger attorney Lynne Toyofuku said yesterday.

Villacorte said harassment began in 1992 and increased after he dressed in drag for an employee talent show, said Brent White, legal director for the ACLU of Hawaii.

"I guess to his co-workers that confirmed he was gay," White said. "He's not gay. That's just how they perceived him."

The complaint, filed with the Hawaii Civil Rights Commission in June 1999, alleged that supervisors did nothing to stop the harassment and insulted Villacorte when he brought it to their attention, White said.

Villacorte, now in his 40s, also said he was fired after supervisors learned of his intentions to file the complaint, White said.

"In this day and age, it should be clear that you cannot harass people because they are homosexual or because you think they are homosexual," White said.

The hotel considers Villacorte a "disgruntled ex-employee," Toyofuku said.

"Except for Mr. Villacorte's words, there's no third party corroborating the matter," she said.

Outrigger bought the 545-room Royal Waikoloan in 1998 and reopened it the following year as the Outrigger Waikoloa Beach. Outrigger has managed the hotel since 1991, when it bought a minority interest in the property.

The settlement conference was scheduled for 2 p.m. today before Magistrate Barry Kurren. If a settlement cannot be reached, trial is scheduled to begin Nov. 14, the ACLU said.