MGM Sued by Ex-Aria Employee Over Vaxx Mandate, Claims Religious Exemption
Matthew Backes, a former solid food and beverage staffer at Aria Resort & Casino on the Las Vegas Strip, is suing his former employer. He alleges his civic rights were violated because he was terminated past refusing to get hold of a coronavirus vaccinum based on his “sincerely held Christian beliefs.”
Last October, the Equal Employment Opportunity (EEOC) granted Backes permission to follow litigation against Aria, granting him 90 days to Indian file a complaint on grounds his Title VII rights were violated by the integrated resort. Aria is operated by MGM Resorts International.
On Aug 16, 2021, MGM Resorts International (MRI) announced that all salaried employees and all new hires employed at any MRI subsidiary, including Aria, must be full vaccinated from Covid-19 by Oct 15, 2021 (Vaccination Mandate). 13. Aria required all salaried employees and young hires who did non piece of work exclusively from rest home to incur a Covid-19 vaccination by Oct 15, 2021. 14. Mr. Backes seasonable submitted his religious immunity (Religious Exemption) identifying his truly held Christian beliefs,” according to the complaint filed inwards federal tribunal inward the District of Nevada.
Backes started at Aria inwards June 2012 as an supporter potable manager before being promoted to potable manager. His LinkedIn profile indicates that o'er his to a greater extent than decennary of work with MGM, he worked at several properties on the Strip, including Aria, Mandalay Bay and MGM Grand. He united the Hilton Anatole in Dallas as senior food and potable manager inward March 2022 and remains inwards that role, according to LinkedIn.
For Backes, Mixed Outlook for Success inwards Aria Suit
In 2021 and into 2022, companies that were sued by former staffers that refused to accept a COVID-19 vaccinum for the most part found success inwards courtrooms. But lowest year, the tide started to shift, as it became clear that the coronavirus treatments don’t preclude those getting the poking from receiving or transmitting the virus.
Last August, the NorthShore University Health System inward Illinois inked a $10.3 zillion closure with former employees who were denied a religious immunity based on the system’s vaccine rules. Last October, a New House of York try reinstated fired unvaccinated public workers with indorse pay, noting New York City’s vaccine mandate was arbitrary and violated the separation of powers doctrine.
Within the gaming industry, vaccine mandates were widely applied because of the leaden amount of in-person middleman casino staffers coming upon on a day-to-day basis. Plaintiffs make a mixed track record inwards terms of vaccine-related judicial proceeding brought against gaming companies.
Specific to the Backes case, the try is currently listed as Gloria Navarro. She was appointed to the US District Court of Nevada by President Barack Obama and took to the bench inward May 2010.
Inside Backes’ Aria Suit
In the months next the reopening of Silver State casinos, MGM and other operators provided release COVID-19 testing. But as vaccines became more readily available, MGM instituted a mandatory vaccinum policy and began requiring staffers who refused the data-based medication to make up $38 per week, or half the company’s costs for testing.
In the complaint, counsel for Backes fence that their client’s refusal to be vaccinated presented no more averse circumstances to Aria because he would experience continued masking and testing. The attorneys added the integrated resort hotel had COVID-19 testing on site. They also lay claim Aria didn’t deed over the requested spiritual freedom on flimsy grounds.
“Aria asserted that it could not deed over the Religious Exemption because it would interfere with Mr. Backes’ guest and employee interactions, the same interactions non-salaried and/or non-vaccinated employees would face,” according to the complaint.
Aria’s vaccinum mandate for salaried staff is no thirster inwards place.