Like many a gambling debt, this situation spiraled out of control. First, the employer denied reasonable accommodations. This led to what amounted to coerced resignations because some employees believed they had no better option than to quit their jobs. Then the employer compounded the problem by alleging retaliating against the employees who complained about the accommodation denials.
Enter the federal government.
LDTG Las Vegas, LLC; Fifth Street Gaming, LLC; and DTG Las Vegas Manager, LLC, which operate the Downtown Grand Hotel & Casino in Las Vegas, will pay $720,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. The EEOC also charged the company with unlawfully retaliating against employees who sought their rights to reasonable accommodations.
According to the EEOC’s lawsuit, since at least 2018, Downtown Grand Hotel & Casino engaged in numerous instances of discrimination against employees, including failing to provide reasonable accommodations to employees with disabilities and terminating an employee with colon cancer because he wore an ostomy bag. This failure to accommodate left some employees with no choice but to quit, the EEOC alleged.
The agency further maintained that the company retaliated against employees who made requests for accommodations or who sought to enforce their rights under federal law through the EEOC, by subjecting them to undesirable working conditions and discipline, including termination.
Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discriminating against workers with a disability. The EEOC filed suit in U.S. District Court for the District of Nevada (Case No. Case No.: 2:23-cv-00510), after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to providing monetary relief, Downtown Grand Hotel & Casino has agreed to put in place measures that will address and prevent disability discrimination in the workplace. These measures include designating an external equal opportunity monitor to ensure compliance with the ADA and the provisions of the consent decree; instituting effective mechanisms for handling reasonable accommodation requests, as well as complaints of disability discrimination in the workplace; and providing training for managers and employees with respect to disability antidiscrimination laws. The decree will remain under the court’s jurisdiction for three years.
“The ADA protects workers with disabilities from discrimination and guarantees them the right to a reasonable accommodation in order to ensure their equal access to employment,” said Anna Park, regional attorney for the EEOC’s Los Angeles District, which includes Las Vegas in its jurisdiction. “This case demonstrates the EEOC’s commitment to enforcing these rights, including in the hospitality industry.”
Michael Mendoza, local director of the Las Vegas office, said, “The EEOC will continue to vigorously investigate and pursue cases under the ADA, to uphold the law and protect the rights of disabled employees.”
For more information about disability discrimination, visit the EEOC’s website at https://www.eeoc.gov/eeoc-disability-related-resources. More information about retaliation can be found at https://www.eeoc.gov/retaliation.
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