A federal judge recently denied a motion by Wynn Las Vegas attorneys to dismiss an employee's lawsuit that charges the hotel-casino with creating an unsafe work environment by allowing secondhand smoke, reported the Las Vegas Sun.
Senior Nevada U.S. District Court Judge Lloyd George also ruled that Kanie Kastroll's suit could seek class action status, meaning it could represent all former, current and future non-smoking Wynn employees.
The suit alleges that Kastroll, a dealer for Wynn Las Vegas casino, was exposed to secondhand smoke while working and, due to casino policy, was unable to voice her dissension without feat of being disciplined and losing her job.
"If a customer asks a dealer ‘Do you mind if I smoke?,' Wynn Las Vegas prefers its dealers to answer ‘No, not at all,' even if the tobacco smoke does in fact bother the dealer and causes him or her adverse health effects," the suit says.
The suit was originally filed in October 2009 by Chicago-based law firm KamberEdellson LLC, a firm known for representing class action suits.
Attorneys for Wynn Las Vegas argued the casino had no duty, under Nevada law, to protect employees from secondhand smoke.
The Nevada Clean Indoor Air Act prohibits smoking in most public places, but does exempt casino floors where gambling is allowed.
KamberEdellson was the same firm that represented a lawsuit filed last year against Harrah's Entertainment, the company that manages Caesar's Palace.
That suit was abruptly dropped.