Appeals court reverses judgment against Caesars Palace

Tuesday, Jan. 2, 2001 | 10:13 a.m.

CARSON CITY -- A $420,000 judgment awarded to a Las Vegas woman who claimed she was fired by Caesars Palace in 1994 because of gender discrimination has been reversed by the 9th U.S. Circuit Court of Appeals.

The court ruled Friday that U.S. District Judge David Hagen gave a wrong instruction to the jury, telling jurors that Caesars had to show it had a lawful reason to fire Catharina Costa, a warehouse worker from 1987 to 1994.

The court said that shifting the burden of proof to Caesars was wrong and the verdict must be overturned.

Costa, who according to Caesars Palace records had a long history of disciplinary infractions, was the only female in her section. The hotel said she was fired after getting into a fight with a male worker. The other employee, who did not have a history of disciplinary actions, received only a five-day suspension.

Costa filed suit, accusing the resort of gender discrimination. She presented evidence at the trial that her supervisor told her a male co-worker received more overtime because he had a family to support.

"Comments motivated by consideration of parental or marital status do not establish gender bias," the court said, "and neither status is protected under Title VII" of the federal Civil Rights Act of 1964.

"Costa's case comes down to the fact that she was the only woman in her bargaining unit and was treated differently from her male colleagues," the opinion, written by Senior District Judge William Schwarzer, said. "But the anecdotes she presents are not substantial evidence that she was treated differently or terminated because she was a woman."