The plaintiff, Loida Q. Shauf, a Filipino woman married to an American airman, applied for a guidance counselor position at Clark Air Base in the Philippines but was not selected. She filed an equal employment opportunity complaint alleging discrimination based on her sex and nationality. The defendants claimed immunity from the suit based on their official government functions. However, the court found that immunity does not apply when officials act in bad faith or without authority. It held that there was evidence Shauf was denied employment due to her sex, color, and origin.
The plaintiff, Loida Q. Shauf, a Filipino woman married to an American airman, applied for a guidance counselor position at Clark Air Base in the Philippines but was not selected. She filed an equal employment opportunity complaint alleging discrimination based on her sex and nationality. The defendants claimed immunity from the suit based on their official government functions. However, the court found that immunity does not apply when officials act in bad faith or without authority. It held that there was evidence Shauf was denied employment due to her sex, color, and origin.
The plaintiff, Loida Q. Shauf, a Filipino woman married to an American airman, applied for a guidance counselor position at Clark Air Base in the Philippines but was not selected. She filed an equal employment opportunity complaint alleging discrimination based on her sex and nationality. The defendants claimed immunity from the suit based on their official government functions. However, the court found that immunity does not apply when officials act in bad faith or without authority. It held that there was evidence Shauf was denied employment due to her sex, color, and origin.
Facts: Loida Q. Shauf, A Filipino who married an American who is a member of the United State Air Force, applied for the vacant position of Guidance Counselor in the Base Education Office at Clark Air Base. She was qualified based on her credentials and experience. However, she was not chosen. Shauf filed an equal employment opportunity complaint against Clark Air Base by reason of her sex and nationality. The defendants’ counterclaims were: first, that they were immune from suit for acts done and statement made by them in the performance of their official government functions pursuant to the Philippine-American Military Bases Agreement. They likewise aver that that only the United States (US) District Court has jurisdiction over them. Issue: Whether or not the officials of the United States armed forces are immune from suits Held: No, the Court stated that the doctrine of immunity from suit will not apply and cannot be invoked where the public official is being sued in his private and personal capacity as an ordinary citizen. This situation arises where the public officer acts without authority or in bad faith in using the powers vested him. Therefore, the Court held that there is ample evidence that Shauf was refused employment on the account of her sex, color and origin. Words: 219 words