‘Better late than never’ defense comes up snake eyes for casino
A casino was sued for allowing a sexually hostile work environment, allegedly created by a customer, to go unremedied for several months. When the employer finally took action, the harassment stopped, and it pleaded unsuccessfully for exoneration. Nevertheless, the casino was cleared of unlawful retaliation (in this case, termination) against the employee for reporting the harassment.
Trouble at the baccarat table
Kristina Sansone worked at a baccarat table at a Harrah’s casino. (For the record, I don’t like casinos and have always thought baccarat was something you see played only in a James Bond movie.)
Beginning in September 2017, a very non-James-Bond-like sort of guy began to frequent Sansone’s table and allegedly engaged in the following behavior:
- Made sexually charged gestures and remarks about her appearance;
- Asked about her sex life; and
- Propositioned her to have sexual intercourse with him.
So, here is probably your first question: How often did the conduct go on? After all, frequency is a key element in deciding if an unlawful sexually hostile work environment exists. The evidence showed the behavior occurred two or three times a week until late December 2017.
Your next question: Did Sansone complain to management? Unfortunately, the answer raises a problem for the casino.
Differing stories improve odds of jury trial