Farfan v. STATION CASINOS, LLC.
2:20-cv-01516
D. Nev.Jan 29, 2024Background
- Zezy R. Farfan, who has an intellectual disability, was a participant in a workplace training program and subsequently applied for a porter position at Red Rock Casino, operated by NP Red Rock, LLC, with Station Casinos LLC as its parent company.
- After two rounds of interviews, Zezy received a conditional job offer, but following further assessment by Red Rock’s management and HR, the offer was rescinded due to concerns about her ability to perform essential job functions.
- Zezy filed suit alleging failure to accommodate and disability discrimination under the ADA and corresponding Nevada law, both as an actual and perceived disability.
- Defendants moved for summary judgment, arguing Zezy was not a "qualified individual" under the law and that Station, the parent company, was not a proper defendant.
- Zezy also moved to strike portions of defendants’ reply and declarations attached to it, arguing procedural impropriety and contradictions in testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Station as defendant | Station is liable as parent; no special argument presented | Parent company not employer; no special circumstances shown | Station dismissed as defendant |
| Duplicative state law claims | State claims should remain as alternatives | State claims duplicative of ADA claims, should be dismissed | State claims not dismissed as duplicative |
| "Qualified individual" under the ADA and state law | Zezy could perform essential functions of job with/without accommodation | Zezy not qualified; could not meet "Beyond the Best" guest service standard | Material dispute exists; summary judgment denied |
| Motions to strike (reply brief & Johnson affidavit) | Defendants' reply improper; affidavit contradicts earlier dep. | Reply evidence permissible; no improper contradiction | Motions to strike denied |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standards)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (material fact and summary judgment)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination cases)
- Hawn v. Exec. Jet Mgmt., Inc., 615 F.3d 1151 (elements of prima facie discrimination claim)
- Kennedy v. Allied Mut. Ins. Co., 952 F.2d 262 (standard for disregarding sham affidavits)
- S.E.C. v. Koracorp Indus., Inc., 575 F.2d 692 (summary judgment inappropriate where credibility is at issue)