Legal Question in Discrimination Law in New Jersey

discrination

The dealers in Atlantic City are not included in the smoke-free air act which provide all of Nj workers to work smoke-free. We, the casino workers were not allowed this privilege. Our city council finally gave us a 100% ban, but then the casinos forced them to overturn the dicision, and we have to suffer as the only smoke suffering Nj workers in the state. We want a class action against the state and/or AC city council for discriminating. Why is a casino dealer's lungs and life not worth the same as the waiter in the bar/restaurant or the waitress in the cafe or the office workers, etc.?


Asked on 11/15/08, 12:07 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: discrination

This is an interesting question, but I doubt that you have an cause of action.

There is no liability against public entities for the laws that they write. This is called sovereign immunuity. Thus, the fact that they have or have not written or enacted laws that harm people is not generally litigable.

As to the Casinos themselves, you are limited to your rights under the Worker's Comp act for any injuries suffered. While the act can sometimes be circumscribed in situations of intentional harm, this is not such a situation as the law allows exactly what they do.

Unfortunately, this is a hazard of the profession. Most dealers actually knew theis when they entered the profession, like a coal miner who knows that black lung is a risk of the profession. I am in no way defending the practice, but it is a reality that one who presentyl has that profession must accept.

I hope that your employer rotates the employees from the "hazard" areas. Also, if you have developed an an usual reaction, you may be able to request accomodation based upon the LAD provisions which prevent dicrimination based upon diability, but that would have to be proven medcially.

Best wishes.

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Answered on 11/15/08, 10:11 am


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