Downtown Grand Hotel & Casino Settles Federal Disability Claims for $720K

Posted on: April 29, 2024, 09:11h. 

Last updated on: April 29, 2024, 09:43h.

Ed Silverstein @casinoorgedsilv Read More

Expertise: Legal, Tribal Gaming.

Las Vegas’ Downtown Grand Hotel & Casino will pay $720K to settle employee disability allegations brought against the gaming property.

The US Equal Employment Opportunity Commission (EEOC) announced the settlement last week. The agency sued the casino in Nevada federal court last April for allegedly discriminating against employees starting in 2018.

Under the agreement, the casino will also:

• Appoint a monitor to ensure compliance with disability laws such as the Americans with Disabilities Act (ADA)
• Put in place ways to handle reasonable accommodation requests and complaints from disabled workers
• Train managers and employees on disability antidiscrimination laws

Cancer Patient

Among the troubling incidents were those where the casino failed “to provide reasonable accommodations to employees with disabilities, and terminating an employee with colon cancer because he wore an ostomy bag,” according to an EEOC statement. The worker had Stage IV colon cancer and doctors said the bag was medically required.

The casino also refused to let a dealer with back pain and sciatica work at a craps table instead of a blackjack table, Law.com, a national legal news site, has reported.

Other casino employees suffered from various disorders such as levoscoliosis (which leads to a curved spine) and sciatica (a condition that leads to pain, weakness, numbness, or tingling in the leg.)

Reasonable Accommodation Required

Casino managers also allegedly retaliated against workers who exercised their employment rights, according to the EEOC. Some casino employees eventually quit their jobs due to the workplace conditions.

The casino retaliated against employees who made requests for accommodation or who sought to enforce their rights through the EEOC, by subjecting them to undesirable working conditions and discipline, the EEOC further revealed in the statement.

Federal law protects these workers from such actions, according to the EEOC.

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,” Anna Park, regional attorney for the EEOC’s Los Angeles District, said in a statement released last week.

“This case demonstrates the EEOC’s commitment to enforcing these rights, including in the hospitality industry.”

Businesses must provide “reasonable accommodation” for disabled workers unless it causes the employer “an undue hardship,” according to federal guidelines.

It’s estimated that one in four American adults, or 61 million people, are disabled, according to the Centers for Disease Control and Prevention (CDC).

Casino.org contacted the Downtown Grand Hotel & Casino for a response to the lawsuit and settlement. No statement was immediately provided.