Favoritism at Nevada casino subject of court appeal

Monday, July 24, 2000 | 10:59 a.m.

RENO -- Arthur Gersztyn maintains he was improperly fired as director of security at the Riverside Casino in Laughlin when he complained to owner Don Laughlin about the conduct of Laughlin's girlfriend.

Ian Christopherson, attorney for Gersztyn, told the 9th U.S. Circuit Court of Appeals last week that the security chief protested to Laughlin that the girlfriend got special treatment because she was sleeping with the owner. And when Gersztyn tried to reprimand her, he was fired.

But the three-judge panel had a hard time buying Christopherson's argument. Chief Judge Procter Hug Jr. said he can't find anything that shows Laughlin violated the law. And Judge Mary Schroeder told Christopherson, "I don't see how your client has been discriminated against."

This was the first time the 9th Circuit Court has met in Reno. It took the arguments under submission and will rule later.

Gary Moss, attorney for Laughlin, said the security chief was fired for insubordination. He told the court Gersztyn never had any evidence Laughlin and dancer Ramona Angon "were sleeping together." And there was no evidence of an unlawful employment practice.

Angon doubled as a dance instructor and was on the security force. She was under the supervision of Gersztyn, who complained she never showed up on time for her shifts. And this caused problems with scheduling and budgets. Christopherson said this resulted in a "hostile work environment" that violates federal law.

During the arguments Christopherson referred at least twice to Laughlin's "concubine" and said his client was fired in retaliation for his criticism of the girlfriend. He told the court the dancer was always up in Laughlin's room.

Hug told Christopherson the federal law on discrimination is based on age, race and sex. "I'm having a difficult time understanding who has been discriminated against."

The chief judge continued, "There must be some basis he (Gersztyn) believes somebody has been discriminated against." Christopherson replied they were the other employees who had to cover for the missed shifts of Angon.

Senior Judge Melvin Brunetti said the security chief never complained about discrimination or sexual bias.

Moss, the attorney for Laughlin, said Gersztyn never made a complaint about the girlfriend to Laughlin. He said Gersztyn, in a meeting in November 1994 with Laughlin, said her behavior was making it difficult to schedule shifts. "He (Gersztyn) never said he thought it was unfair," Moss said.

Moss said the casino owner explained to Gersztyn that dancer instructors were hard to find and it was all right for her not to show up for shifts when the classes took place in the evening. He told the court the male dance instructor worked under the same conditions as the females.

"He (Gersztyn) didn't like it because she was being treated favorably," Moss said, adding there is nothing there that violates the law.

Moss also said Gersztyn initially filed a complaint of age discrimination but apparently dropped that.

A federal court in Las Vegas granted a summary judgment in favor of Laughlin before the case ever got to trial. Gersztyn appealed to the 9th Circuit Court.