Casino Law Source: http://www.thepresstribune.com
New wrinkles in casino lawsuit
By: Gus Thomson, Gold Country News Service
Wednesday, June 28, 2006 5:08 PM PDT
A new legal wrangle unfolded Tuesday in a Placer County Superior Court harassment and discrimination case filed by seven former female Thunder Valley Casino employees.
Casino manager Station Casinos is asking that Commissioner Margaret Wells be replaced with a judge.
The move by Station Casino attorneys comes after Wells issued a tentative ruling stating that while Thunder Valley's owner - the United Auburn Indian Community - was exempted from proceedings because of the tribe's sovereign status, the suit against Station Casinos may proceed.
What was initially scheduled to be a hearing on Wells' tentative ruling on the Nevada-based Station Casinos status as a possible employer of the woman has now become further entangled in submissions over the commissioner's presence on the bench.
Both sides have six weeks to submit briefs on Wells' status, with the next court appearance slated for Aug. 5.
The seven women filed a suit in early 2005 claiming sexual harassment, wrongful termination and sex and age discrimination while they were employed at the casino, which is owned and operated by the United Auburn Indian Community. The casino is located off Highway 65, near Lincoln.
In the lawsuit, two plaintiffs allege that Curtis Broome, former director of information technology for Thunder Valley, physically harassed them, including instances of fondling, touching and sexual advances. In one woman's case the advances led to what the court documents describe as non-consensual sex.
Debra Smith, attorney for the nonprofit Equal Rights Advocates of San Francisco, said after Tuesday's proceedings that she was pleased with the tentative ruling on Station Casinos status as an employer.
"They did the hiring, firing, training and promoting," Smith said. "The court looked at the degree of control over the plaintiffs' work environment, not where they worked."
Wells may make a final ruling after submissions in August.
Questioning Wells' presence on the bench represents one more delay and one more road block to justice for her clients, Smith said.
Howard Dickstein, attorney for the 200-member Auburn tribe, said the significance of the issue before Wells on whether Station Casinos can be considered an employer is a significant one and will likely be decided at the appellate court level.
The tribe has established an independent arbitration procedure on harassment complaints that would allow the women and the tribe to address issues brought up in the suit, he said. But as it stands, the Auburn Indian Community's sovereign status keeps it out of court proceedings.
"The tribe can't be party to the lawsuit but this is all about the tribe," Dickstein said.
Station Casinos is a contractor, not an employer, Dickstein said.
"Station Casinos never employed anyone," he said. "Their pay stubs were from the tribe. Station Casinos gives management advice to a wholly owned enterprise of the Auburn tribe." |
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