New Jersey casino affirmative action program found to be unconstitutional

John Curran

Monday, Oct. 15, 2001 | 9:24 a.m.

ATLANTIC CITY -- A judge banned the state Casino Control Commission from enforcing some of its affirmative action provisions, saying the rules that require casinos to establish quotas for hiring women and minorities are unconstitutional.

U.S. District Judge Stephen Orlofsky ruled last week as part of court action stemming from a wrongful firing suit brought by John Rudolph, 52, a former Tropicana pit boss fired in 1999 after 18 years at the casino.

Rudolph, who is white, was passed over for promotion and later fired because Tropicana's affirmative action program favored the hiring of minorities and women, according to his suit.

After the suit was filed, Tropicana sued the commission, saying it had used state guidelines in fashioning its affirmative action program.

Since Wednesday's ruling dealt with commission policy and not specifically with Rudolph's case, it does not end the suit, which is pending.

But Rudolph's lawyer, Stephen Consoles, called the settlement a victory for whites and males employed by Tropicana and other casinos.

"This order confirms that it is just as illegal to discriminate against whites and men based on race and gender as it is to discriminate against racial minorities and women," Consoles said.

Casinos are urged by the state to make up to 25 percent of their hires minorities and up to 46 percent women, depending on the job category. But the state has never punished a casino for not reaching the goals it set.

Tropicana officials say the casino did nothing wrong. They say Rudolph was fired in a corporate downsizing that had nothing to do with his age, sex or race.

"Tropicana has not admitted and has not been found to have followed any discriminatory employment practices whatsoever," Tropicana counsel Jerry Tanenbaum said. "All that's determined in this order is that some of the state regulations imposed on the casinos are unconstitutional."

Daniel Heneghan, a spokesman for the commission, called the ruling appropriate and said its affirmative action program would be revised "so that any future regulation meets constitutional muster."