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A class action lawsuit accuses Celebrity Cruises Inc. of holding its Filipino employees captive and failing to take proper steps to ensure their health and wellbeing amid the COVID-19 pandemic.
Plaintiff Ryan Maglana says he works aboard the Celebrity cruise ship Millennium. Maglana claims that he and other Filipino crew members aboard Celebrity’s ships have been held captive and not allowed to return to the Philippines, even though the Centers for Disease Control and Prevention issued guidance on how cruise ships may safely repatriate their crews.
The coronavirus lawsuit states that Celebrity cruise line has also stopped paying its crew members, bringing on the additional stress of not being able to provide for their families.
According to the Celebrity cruise line class action lawsuit, the Millennium has been without passengers since Feb. 10. The CDC issued a no-sail order March 14, with subsequent orders prohibiting cruise ships from operating in U.S. waters. It is unknown when cruises will be allowed to resume.
On Feb. 10, the Millennium’s last passengers disembarked, and the ship remained in port in Singapore until Feb. 14. The Celebrity cruise ship sailed east to Manila and arrived Feb. 19.
Many Filipino crew members reportedly hoped that they would be allowed to return home if Celebrity was going to cancel cruises. But the only crew members allowed to disembark for repatriation were those whose contracts had concluded and who had suitable replacements aboard, the complaint alleges.
Celebrity refueled the Millennium and continued east toward the U.S. The Celebrity cruise ship stopped in Honolulu on March 1, then sailed on, reaching Ensenada, Baja California, Mexico, on March 11.
On March 13, Celebrity cruise line’s parent company, Royal Caribbean, suspended future cruises by all its subsidiaries.
Although no cruises are planned for the foreseeable future, nearly 1,000 Filipino crew members reportedly remain aboard the Millennium. That number spikes to 7,000 when considering all those employed among subsidiary brands owned by Royal Caribbean/Celebrity.
Before departing Ensenada on March 19, some crew members were allowed to disembark. Many Filipino crew members attempted to leave the ship, but were denied permission due to the “lack of a replacement,” Maglana alleges.
The Millennium ship arrived at San Diego on March 20 and has remained there other than a brief trip for provisions in late March. It is expected to remain there until the CDC’s no-sail order is lifted.
Has Celebrity Cruise Line Paid Wages for Employees Inconvenienced by the Crisis?
The class action lawsuit also alleges Celebrity cruise line has not paid any wages and has “engaged in a campaign of disinformation and deception in an effort to avoid mutiny or rebellion on board.”
Maglana claims he has been held without pay since Celebrity terminated his contract March 30. He says he was told he would be repatriated April 1, in accordance with a collective bargaining agreement between Celebrity and a “union” it established in Italy.
However, Celebrity ignored the requirement to repatriate crew within 24 hours of their contract being terminated or voided as expressly required by their “collectively bargained” agreement, according to the class action lawsuit.
Maglana said he was repeatedly told his flight had been rescheduled to progressively later dates.
The CDC issued guidance April 23 to cruise lines in U.S. waters to help crews return home safely, providing detailed protocol for how to do it and avoid legal consequences.
Maglana’s class action lawsuit alleges Celebrity cruise line decided to delay repatriation as long as possible because of costs associated with repatriating its replaceable crew members “that did not fall in line with the company’s take it or leave it offer.”
Knowing consequences would arise, Maglana alleges that Celebrity and its parent corporation claimed repatriations were being prevented by the CDC. On other ships in Royal Caribbean’s fleet, audio recordings captured the “corporate deception” from vessel masters. After a story published in the media, ship captains reportedly denied the accusations.
In early May, Royal Caribbean’s CEO went on record with the Miami Herald, saying he hoped to avoid any legal action. “‘… We have decided that the importance of getting [crew] home is so great that we will sign these documents as they are written today to help get you off the ships.’”
However, crew members remain on Celebrity cruise ships without pay, and the class action lawsuit alleges the crews are becoming more desperate by the day.
There have been hunger strikes on the Navigator of the Seas, cries for help and multiple suicides, according to Maglana’s complaint.
The Celebrity cruise ship class action lawsuit alleges Celebrity violated the Jones Act, which states ship operators must provide reasonably safe working conditions.
A number of lawsuit accusations relate to Celebrity’s handling of the threat of COVID-19 among its crew, including that the company failed to enact timely social distancing measures, failed to examine everyone permitted to board its vessels for COVID-19 symptoms, failed to enact timely fleet-wide vessel social distancing measures and failed to monitor the mental and physical health of its crew after the CDC’s no-sail order and after Celebrity’s decision to withhold wages despite crews’ inability to disembark.
Maglana’s complaint also accuses Celebrity of failing to reasonably identify passengers or crew members who recently traveled to high-exposure-risk COVID-19 locations before allowing them to board; failing to adequately warn crew members that a passenger(s) on a prior cruise showed symptoms and/or tested positive for COVID-19; and failing to sufficiently warn crew members of the dangers and risks of COVID-19 and its contagiousness.
Celebrity also failed to practice safe and sanitary food practices, failed to provide sanitary vessels so as to prevent outbreaks of COVID-19 or other infectious diseases, failed to equip the vessels or provide crew members with a sufficient cleaning and disinfectant products or personal protective equipment and failed to man the vessel sufficient crew responsible for cleaning and disinfecting the ship, according to the Celebrity cruise class action lawsuit.
As a result of Celebrity’s false imprisonment of the Filipino crew members, they have been physically and emotionally injured, suffered physical pain, mental anguish, loss of enjoyment of life, disfigurement, aggravation of previously existing conditions, and have incurred medical expenses, suffered physical handicap, lost wages and had their ability to work impaired, according to Maglana’s complaint.
The plaintiff also lost the benefit of vacation, cruise and transportation costs.
The crew is demanding a judgment to recover all damages under the law against Celebrity, including compensatory damages, costs, attorneys’ fees and experts’ fees and punitive damages based on the intentional nature of Celebrity’s conduct as outlined in the class action lawsuit.
The Celebrity cruise line workers also demand a jury trial, as well as any other relief deemed reasonable by the Court.
The plaintiff is represented by Raul G. Delgado II of Delgado Trial Attorneys.
The Celebrity Cruise Line Crew Members Class Action Lawsuit is Maglana v. Celebrity Cruises Inc., Case No. 1:20-cv-22133, in the U.S. District Court for the Southern District of Florida.
UPDATE: On July 6, 2020, Celebrity Cruises is seeking to send into arbitration a class action lawsuit filed by two Filipino crew members who claim they were forced to remain on board a ship without pay after the cruise industry closed because of COVID-19.
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