Kentucky Injury Law Blog

Simon Property Group is an Indianapolis, Indiana company that specializes in large real estate ventures, particularly malls and shopping outlets. It employs several thousand people worldwide. As a result of its size, it is not surprising that it is involved in numerous lawsuits, including a few recent discrimination cases.

In 2008, Poetry Nightclub, located at Simon Property Group’s Forum Shops at Caesars in Las Vegas, filed a lawsuit alleging racial discrimination. The owners of the nightclub claimed they were being forced out of the space with lease issues and unnecessary security requirements because the majority of their clientele is African-American. In April, 2011, the U.S. District Court dismissed the claims against Simon Property Group and the other defendants. A spokesperson for Caesar’s Palace stated “We are pleased that after a weeklong trial during which all parties presented their evidence, Judge Mahan found every allegation of discrimination against Caesars and SPG [Simon Property Group] was without merit. The ruling is an affirmation of our long-standing commitments to diversity and to providing guests from all walks of life with great service and entertainment."

Apparently their “long-standing commitments to diversity” only extends to guests, not to their employees. In July 2009, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of several janitors employed at the Forum Shops at Caesars. The plaintiffs claimed they were discriminated against in 2005 and 2006 based on their national origin. All of the plaintiffs were Hispanic or Latino. The discrimination came from a supervisor in the form of verbal harassment, derogatory comments, and physical intimidation. More than a dozen workers signed a petition in 2005 attesting to the discrimination, but no action was taken, so they contacted the EEOC. On November 8, 2011, the EEOC announced a settlement of the lawsuit which awarded $125,000 to the workers. The settlement also requires Simon Property Group to provide anti-discrimination training to its employees, to use a consultant to track future complaints against the company in Nevada, and to report back to the EEOC regarding their efforts to maintain compliance.