La. Admin. Code tit. 42 § III-4717

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-4717 - Nondiscrimination and Minority Programs

A. The casino operator and the casino manager shall adopt written policies, procedures and regulations to allow the participation of businesses owned by minorities in all design, engineering, construction, banking and maintenance contracts and any other projects initiated by the casino operator or casino manager. The written policies, procedures and regulations shall provide for the inclusion of businesses owned by minorities to the maximum extent practicable consistent with applicable law.

B. All businesses or vendors selected by the casino operator or the casino manager for any purpose shall strictly adhere to the nondiscrimination policies and practices embodied in applicable federal, state and local law.

C. The casino operator and the casino manager shall, as nearly as practicable, employ minorities at least consistent with the population of the state and consistent with applicable law.

D. No employee shall be denied the equal protection of the law. No regulation or policy shall discriminate against an employee because of race, religious ideas, beliefs or affiliations. No regulation or policy shall arbitrarily, capriciously or unreasonably discriminate against an employee because of age, sex, culture, physical condition, political ideas or affiliations.

E. In furtherance of the mandate set forth in the preceding subsections, the board shall monitor the casino operator and casino manager's hiring and contracting practices and exercise enforcement authority as follows.

1. Within five days of submission to the city of New Orleans, the casino operator and casino manager shall file with the board copies of all reports that it files with the city of New Orleans pursuant to any program or plan undertaken. Should the casino operator no longer be required to submit the reports to the city of New Orleans, the information contained in the reports will still be required by the board to be submitted in a format as determined by the board.

2. The casino operator or casino manager shall submit any additional information or record the board requires to assist in determining compliance.

3. In the event that the board has reason to believe that the reports submitted provide information that the casino operator or casino manager's employment practices are not in compliance with the Act, the chairman shall issue a notice of concern to the casino operator and casino manager prior to taking formal action against the casino operator or casino manager.

a. The notice of concern shall describe the alleged area of non-compliance and set a date for a meeting with the chairman for the purpose of discussing areas of concern. The meeting shall be held within 10 days of receipt of the notice unless the chairman agrees to extend the date for a longer period of time.

b. At the meeting with the chairman, the casino operator and casino manager shall present any information that it believes is relevant to the issues raised in the notice of concern.

c. If the chairman does not receive information to his satisfaction concerning the alleged areas of non-compliance he may:

i. take the matter directly to the board;

ii. inform the casino operator and casino manager of the steps deemed necessary to bring the casino operator and casino manager into compliance with the Act and establish a timetable for pursuing and completing such action; or

iii. take other action as he deems appropriate including but not limited to, civil penalties and the imposition of a plan that, in the discretion of the board, meets the objectives of the Act and rules and is otherwise consistent with law.

La. Admin. Code tit. 42, § III-4717

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 38:1689 (July 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.