Employee with Ovarian Cancer Denied Leave and Fired, Federal Agency Charged

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the Wynn Las Vegas hotel/casino for violating federal law when it denied medical leave to and fired an employee because of her disability, the agency recenly announced.

According to EEOC's lawsuit, in early 2013, after informing her manager that her ovarian cancer had returned, an employee requested leave to undergo surgery and to recover from the procedure. The EEOC contends that the Wynn Las Vegas failed to provide the employee with the requested leave for her medical treatment and discharged her due to her disability. The EEOC also contends that the Wynn Las Vegas discriminated against a class of similarly aggrieved employees based on their disabilities.

Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court of Nevada (EEOC v. Wynn Las Vegas, Case No.2:17-cv-02405) after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks back pay and compensatory and punitive damages, along with injunctive relief to prevent and address any future disability discrimination.

"Disability discrimination continues to be a perpetual problem, and employers should be cognizant of their responsibilities under federal law," said Anna Park, regional attorney for EEOC's Los Angeles District, which includes Las Vegas in its jurisdiction.

Wendy Martin, director of EEOC's Las Vegas local office, added, "Engaging in the interactive process assists employers in providing reasonable accommodations to employees with disabilities. It is the employer's responsibility to make sure that all supervisors and managers are properly trained on the laws against disability discrimination."

According to its website, www.wynnlasvegas.com, the company owns and operates an integrated luxury resort, which includes casinos, a golf course, spas, hotels, entertain­ment venues, along with restaurants and shops on the Las Vegas strip.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.