Older Sales Managers Eliminated, Then Replaced by Younger New Hires, Federal Agency Charged
LAS VEGAS – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the simultaneous filing and $60,000 settlement of its age discrimination lawsuit against Las Vegas-based Black Gaming LLC and CasaBlanca Resort and Casino, LLC, which own and operate the CasaBlanca Resort & Casino in Mesquite, Nev.
In its lawsuit, the EEOC alleged that two sales managers working at the CasaBlanca Resort & Casino – ages 67 and 55 at the time – were informed that their positions were being eliminated in December 2007. The sales managers had been responsible for marketing hotel rooms for properties owned by Black Gaming. The EEOC asserts that they were subsequently replaced by two younger new hires within approximately two months of eliminating the positions. According to the EEOC, the older sales managers were discriminated against due to their age, a direct violation of the Age Discrimination in Employment Act (ADEA).
Both the lawsuit and consent decree resolving the matter were filed by the EEOC in the U.S. District Court for the District of Nevada (EEOC v. Black Gaming LLC and CasaBlanca Resort & Casino, Case No. 2:10-cv-02216). Aside from the monetary relief, the parties entered into a three-year consent decree in which the companies agreed to:
“Black Gaming and CasaBlanca worked with EEOC early on to resolve this matter and put measures in place to prevent further age bias,” said Anna Y. Park, regional attorney of the EEOC’s Los Angeles District Office. “Notwithstanding, employers should be proactive in reviewing their own procedures and training staff accordingly so that older workers are not treated differently simply because of their age.”
Lucy Orta, local director of the EEOC’s Las Vegas Local Office, added, “Older workers often have experience and qualifications which are too often overlooked in favor of younger employees who may not be as qualified. The law requires that employers assess employees equally and base their decisions on set criteria, irrespective of age.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov .