Former Aria Employee Sues MGM for Violation of His Civil Rights

By John Isaac,
Editor at online-gambling.com

John Isaac Editor at online-gambling.com

John Isaac is an editor with many years of experience in the gambling industry. He writes expert articles on card games like blackjack and poker. In addition, he is also well aware of the US gambling laws and the Indian and Dutch gambling markets. You can rely on verified information and insightful details.

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Last updated: January 14, 2023

In another lawsuit against MGM, a former beverage and food staffer on the Las Vegas Strip Aria Resort & Casino, Matthew Backes, is suing his old employer. He says his civil rights were infringed because he was fired for refusing to receive a coronavirus vaccine due to his “genuinely held Christian convictions.”

In October 2022, Matthew Backes was given permission to sue Aria by the EEOC (Equal Employment Opportunity). He was granted 90 days to do so on the grounds that the integrated resort had violated his Title VII rights. MGM Resorts International manages Aria.

MRI (MGM Resorts International) announced on August 16, 2021, that all paid staff members and all new hires employed at any of the MRI subsidiaries, including Aria, must get fully vaccinated against Covid-19 by Oct. 15, 2021 (Vaccination Mandate).

Aria also mandated that all salaried staff members and new hires who are not working exclusively from home should get a Covid-19 vaccination by Oct. 15, 2021. According to the complaint that was filed in the District of Nevada federal court, Matthew Backes timely submitted his religious exemption identifying his genuinely held Christian beliefs.

Matthew Backes began working at Aria in June 2012. He started as an assistant beverage manager but was later promoted to beverage manager. Backes’s LinkedIn profile shows that he worked at many properties on the Strip during his more than ten years of being employed at MGM, including Aria, MGM Grand, and Mandalay Bay. According to LinkedIn, he was employed in March 2022 as senior food and beverage manager at the Hilton Anatole in Dallas, and he still works in that role.

Outlook for Success in Aria Suit Are Mixed for Backes

Between 2021 and 2022, companies that were sued by ex-employees who declined to receive the COVID-19 vaccine mostly had victories in courtrooms. However, things began to change last year as it became obvious that coronavirus treatments don’t stop persons receiving the vaccination from contracting or spreading the virus.

In August last year, the NorthShore University Health System (formerly Evanston Northwestern Healthcare or ENH), reached a $10.3 million settlement with its former workers after they were refused a religious exemption based on the vaccine rules of the system.

Also, in October of last year, a New York judge ordered the reinstatement of sacked unvaccinated public employees with back pay, noting that the vaccine mandate of New York City was arbitrary, and it violated the doctrine of separation of powers.

Due to the high volume of in-person interaction casino employees had on a daily basis, vaccination mandates were widely implemented within the gaming industry. Plaintiffs’ records regarding vaccine-related lawsuits against companies are mixed. The judge for Matthew Backes’s case is presently listed as Gloria Navarro. President Barack Obama appointed her to the US District Court of Nevada, and in May 2010, she took to the bench.

The Argument of Matthew Backes’ Attorneys

After the casinos in Nevada reopened, MGM and other operators offered free COVID-19 testing. However, as vaccines became more accessible, MGM instituted a compulsory vaccine policy and started asking employees who refused to accept the experimental medication to pay $38 weekly or half the cost of the company’s testing.

Backes’ counsel contends in the complaint that the refusal of their client in receiving the vaccination would not leave Aria with any adverse circumstances since he would have continued masking and testing. The attorneys mentioned that COVID-19 testing was available at the integrated resort. They further assert that Aria rejected the religious exception request on flimsy grounds.