Judge allows Tudela age discrimination case against CPA to proceed

A federal judge has denied the Commonwealth Ports Authority's bid to dismiss an age discrimination lawsuit filed by former executive director Leo Borja Tudela, allowing the case to proceed while throwing out a separate wrongful termination claim.

In a decision issued last Oct. 13, designated U.S. District Judge Frances M. Tydingco-Gatewood ruled that Tudela had presented sufficient allegations to pursue his lawsuit under the federal Age Discrimination in Employment Act.

The judge, however, dismissed his separate claim for wrongful termination in violation of public policy, along with his requests for emotional distress and punitive damages.

Tudela's attorney, Michael Dotts, welcomed the ruling, saying the main claim remains intact.

"So the case will go forward on the federal basis of age discrimination," Dotts told Marianas Press.

In a social media message, Tudela himself said he’s happy the case will now move forward.

“Absolutely, I am very pleased with the decision. We have a federal law that protects certain class of individuals under the Civil Rights of 1964, to include Age Discrimination. We must treat employees with respect and dignity. I believe the judge made the right decision and I am very grateful.”

The ruling does not mean CPA discriminated against Tudela. It only means his allegations are sufficient for the lawsuit to continue.

In her 28-page decision, Tydingco-Gatewood said Tudela's allegations that former CPA board chair Ramon Tebuteb repeatedly questioned his age and pressured him to resign were sufficient to support a possible claim of forced resignation.

According to the complaint, Tebuteb asked about Tudela's age during an October 2024 meeting before telling him to resign or face termination.

CPA argued that Tudela resigned voluntarily and that the alleged age-related remarks were insufficient to establish discrimination.

The judge disagreed, finding that the allegations, if proven, could support Tudela's claim that he was forced out because of his age.

Dotts said CPA is expected to respond to the remaining claim before the court schedules further proceedings.

"The court will then hold a scheduling hearing and will set a trial date," he said.

Dotts said a trial could take place in late 2027, although he acknowledged that most civil cases are resolved before reaching trial.

He said no settlement amount has been proposed.

Dotts also said Tudela would welcome the opportunity to return to his former position.

"I think he would be happy for reinstatement and going back to work tomorrow and picking up where he left off for the benefit of CPA," he said.

Tudela, 81, served as CPA executive director from November 2023 until December 2024.

He filed the lawsuit last March 30, alleging that his age had become an issue among CPA board members even before he was hired.

Tudela claimed he resigned under pressure after Tebuteb gave him the choice of stepping down or being terminated. He was subsequently replaced by a younger executive.

Before filing the lawsuit, Tudela brought his complaint to the U.S. Equal Employment Opportunity Commission, which issued him a notice of right to sue in December 2025.

During a hearing last Oct. 7, attorneys for both sides argued whether Tudela's resignation could legally be considered a forced termination and whether his allegations were sufficient to proceed.

Tydingco-Gatewood took the matter under advisement before issuing Tuesday's decision.

The case will now move forward on Tudela's federal age discrimination claim, with possible remedies including reinstatement, back pay, and lost employment benefits.