Downtown Grand Hotel & Casino to Pay $720,000 in EEOC Disability Discrimination and Retaliation Settlement

Background:

LAS VEGAS – DTG Las Vegas, LLC; Fifth Street Gaming, LLC; and DTG Las Vegas Manager, LLC, operators of the Downtown Grand Hotel & Casino in Las Vegas, will pay $720,000 and implement significant policy changes to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

Allegations:

The EEOC's lawsuit alleged that since at least 2018, the Downtown Grand Hotel & Casino engaged in discriminatory practices against employees with disabilities by failing to provide reasonable accommodations. One of the most egregious cases involved an employee with colon cancer who was terminated for wearing an ostomy bag. The company's failure to accommodate left many employees in untenable positions, forcing some to resign. The EEOC also charged that the company retaliated against employees who requested accommodations or sought to enforce their rights under the ADA by subjecting them to unfavorable working conditions and disciplinary actions, including termination.

Settlement:

This conduct violates the Americans with Disabilities Act (ADA), which mandates that employers must provide reasonable accommodations to employees with disabilities and prohibits discrimination based on disability. The EEOC filed the lawsuit in the U.S. District Court for the District of Nevada (Case No. 2:23-cv-00510) after efforts to reach a settlement through conciliation failed.

In addition to the $720,000 monetary relief, the settlement requires Downtown Grand Hotel & Casino to implement measures to prevent future disability discrimination. These measures include appointing an external equal opportunity monitor to ensure compliance with the ADA and the consent decree's provisions, establishing effective procedures for handling reasonable accommodation requests, and addressing complaints of disability discrimination. The company will also provide training for managers and employees on disability anti-discrimination laws. The consent decree will be monitored by the court for three years to ensure compliance.

Conclusion:

This settlement highlights the importance of upholding the rights of employees with disabilities and ensuring that they receive the necessary accommodations to perform their jobs effectively. By implementing these measures, Downtown Grand Hotel & Casino aims to foster a more inclusive and equitable workplace for all employees.