Venetian accused of thwarting discrimination investigation

Monday, Feb. 4, 2002 | 11:13 a.m.

The Nevada Equal Rights Commission wants a court order to hold the Venetian hotel-casino in contempt for allegedly thwarting its efforts to investigate an employment discrimination complaint against the hotel-casino.

The NERC said former Venetian employee Kenneth Stuart filed a complaint alleging harassment and racial discrimination under Title 7 of the U.S. Civil Rights Act on March 23.

But the Venetian said it's justified in refusing to cooperate with NERC's investigation because the complaint wasn't served within a mandatory 10-day statutory period.

"The complaint was served on April 12, long after the mandatory 10-day period. Stuart filed the complaint under Title 7 of the Civil Rights Act, which is federal law. Under federal law there is a 10-day mandatory period within which a party against whom a complaint is filed has to be served. As a result the NERC has no jurisdiction over us," Venetian attorney Deanna Forbush said.

The state agency disagrees.

"Untimely service of a charge will not bar investigation of a charge unless the agency's delay was willful or in bad faith," said deputy attorney general Martha Anderson, who represents the NERC in a lawsuit the state filed against the Venetian last week.