CAMDEN, N.J., Dec. 13, 2024 (GLOBE NEWSWIRE) -- Sanford Heisler Sharp McKnight and Maritime Legal Solutions assisted Elsie E. Dominguez in filing a claim with the Department of Labor today seeking a determination that her experience of being raped by the Captain of the ship, while she lay unconscious in her bed aboard a US Naval ship, does not constitute workers’ compensation under the Federal Employees’ Compensation Act (FECA).
This development is the latest round in the sexual assault case that was first filed on November 29, 2023 in federal court in New Jersey against the United States. The Complaint in this case alleges that Elsie E. Dominguez, a civilian mariner working as the 1st Assistant Engineer aboard the USNS Carson City, a naval vessel operated by the U.S. Navy’s Military Sealift Command (MSC), was raped by the Captain of the vessel as she slept in her bed and that the United States failed to adequately protect her from sexual assault.
On February 13, 2024, the United States moved to stay the case, arguing that any injuries that Ms. Dominguez sustained from being raped in her own bed were a consequence of her employment and can only be redressed through a workers’ compensation claim. In her Opposition, Ms. Dominguez noted the astonishing nature of the United States’ position that the possibility of being raped by the ship’s captain while sleeping in one’s private quarters is a part of a mariner’s job duties aboard a U.S. Navy ship. As stated in the Opposition, in addition to being morally reprehensible, this argument is neither factually accurate nor legally defensible.
In its Reply in Support of its Motion, filed on March 11, 2024, the United States admitted that “[b]eing a victim of sexual assault is absolutely and unequivocally not ‘part of a mariner’s job duties abord a U.S. Navy ship,’” yet simultaneously redoubled its efforts to argue that the injuries that Ms. Dominguez sustained when she was sexually assaulted were “sustained in the performance of duty” and thus only redressable through a workers’ compensation claim.
During a hearing on June 4, 2024, the Honorable Judge Edward S. Kiel ordered that the case be stayed pending a determination from the Department of Labor regarding whether FECA applied to Ms. Dominguez’s claims. Counsel for the United States and the Department of Labor advised Ms. Dominguez that, while filing a FECA claim would require her to attest that she was injured “in the performance of duty,” she would be permitted to attach an explanation to her claim that she actually did not believe she was injured in the performance of duty in order to seek an official determination of the applicability of FECA to her case. Today, Ms. Dominguez has filed a claim through the Department of Labor Employees’ Compensation Operations & Management Portal seeking a determination that her injuries are not covered by FECA.
“The facts and the law are clear—it simply cannot be the case that a civilian mariner is ‘performing her duties’ when she is raped in her sleep,” said Christine Dunn, partner at Sanford Heisler Sharp McKnight, counsel to Ms. Dominguez. “We look forward to receiving an appropriate determination from the Department of Labor that will allow us to return to court and continue pursuing Ms. Dominguez’s claims.”
“Ms. Dominguez and other civilian mariners deserve to pursue their rights under the law,” added Ryan Melogy of Maritime Legal Solutions, counsel to Ms. Dominguez. “We are proud to stand by Ms. Dominguez as she continues to pursue justice for what she has endured.”
Ms. Dominguez is represented in the matter by Sanford Heisler Sharp McKnight partners Christine Dunn (D.C. Office) and Carolin Guentert (New York Office), Co-Chairs of the Sexual Violence, Title IX and Victims’ Rights Practice Group; Andrew Macurdy (New York Office), Sanford Heisler Sharp McKnight partner and Co-Chair of the Trial Practice Group; Frank Xu, Senior Litigation Counsel (D.C. Office); and Shannon Henris, Associate (D.C. Office). Ms. Dominguez is also represented by J. Ryan Melogy of the New York law firm Maritime Legal Solutions, PLLC.
The Lawsuit
The complaint asserts that the United States’ conduct violates the Jones Act and general maritime law because Ms. Dominguez’s injuries were directly caused by the United States’ negligence and failure to provide a seaworthy vessel. The complaint requests a jury trial.
About Sanford Heisler Sharp McKnight, LLP
Sanford Heisler Sharp McKnight, LLP is a national public interest class-action litigation law firm with offices in New York, Washington, D.C., San Francisco, Palo Alto, San Diego, and Nashville. Sanford Heisler Sharp McKnight focuses on employment discrimination, Title IX, wage and hour, whistleblower, criminal/sexual violence, and financial services matters. The firm has recovered over $1 billion for its clients through many verdicts and settlements. The National Law Journal recognized Sanford Heisler Sharp McKnight as 2021 Employment Rights Firm of the Year, 2021 Human Rights Firm of the Year, and 2022 Civil Rights Firm of the Year.
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If you have potential legal claims and are seeking counsel, please call 619-577-4253 or email david.sanford@sanfordheisler.com. Attorneys at Sanford Heisler Sharp McKnight would like to have the opportunity to help you.
About Maritime Legal Solutions, PLLC
Maritime Legal Solutions, PLLC is a maritime law firm focused on the representation of mariners who have been the victims of shipboard harassment, sexual harassment, sexual assault, and other forms of maritime abuse. If you need help reporting maritime abuse to the U.S. Coast Guard or federal law enforcement, please contact Ryan Melogy by emailing help@JusticeForMariners.com, calling 347-562-9119, or visiting www.JusticeForMariners.com for a complimentary consultation.
