Sahara Sued By EEOC For National Origin Harassment And Retaliation
National News
According to the EEOC website, the Sahara Hotel and Casino on the Las Vegas Strip violated federal law by creating a hostile work environment for an Egyptian kitchen employee through a daily barrage of derogatory comments due to his national origin and retaliating against him when he reported it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC's complaint, the Sahara's supervisors and coworkers continuously belittled and harassed Ezzat Elias, whose job was delivering food from the kitchen to the hotel buffet and maintaining the buffet, because of his Egyptian heritage. The harassment included offensive comments, slurs, and graffiti, such as being called “Bin Laden,” “Taliban,” and “f ____ Egyptian” and being told to “go back to Egypt.” Elias was also targeted with graffiti, which he was then required to wash off. Despite Elias’s repeated complaints of such harassment, the defendants failed to take effective measures to stop it. Instead, supervisors retaliated against him, which included disciplinary write-ups and suspension.
If you're in the Plato, Texas area and you're in need of a labor and employment attorney, Weinberg Law Firm can be of assistance. They specialize in overtime claims, sexual harassment and other workplace-area cases. Contact the Texas-based employment law firm for a consultation.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.