Las Vegas Spa Workers Appeal Age Discrimination Loss
Six women, ages 47 to 60, appeal the dismissal of their age discrimination lawsuit challenging their terminations from employment. After Phil Ruffin purchased the Treasure Island hotel and casino in Las Vegas, his wife, a former Miss Ukraine (
pictured here with Donald Trump) allegedly told the spa manager that she “wants young, beautiful girls here.” A witness also contended that the new manager said, “We’re getting rid of the old crew and starting over fresh with a new crew.”
Despite these comments, the district court judge examined the employer’s legitimate business reasons for not rehiring each plaintiff employer and found that the work histories and auditions of each plaintiff were not shams for age discrimination. For example, one plaintiff “could not perform a full set of acrylic nails, something that she would be required to do regularly,” even though she had been employed in that job for several years.
It will be interesting to see if the proffered employer evidence for its reasons will be upheld in an appeal to the Ninth Circuit Court of Appeals.
If there is a lesson for employers, even when long term employees are not retained when new management purchases the facility, age discrimination claims may be defeated where all employees are given an opportunity to reapply and job-related skills are assessed in a fair and objective audition.
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