Tag Archives: Americans with Disabilities Act

Hospitality Industry ADA Update: “Best Western Responds to Property That Refused Family With Service Dog”

“…Under the Americans with Disabilities Act,service dogservice animals can accompany people with disabilities in all areas where members of the public are allowed. Staffers are allowed to only ask two questions: Whether the dog is a service animal and what tasks he has been trained to perform…”

Best Western International has responded to its Baton Rouge property that refused the reservation of a North Carolina family traveling with a service dog by temporarily restricting the hotel from accepting reservations.

For more: http://yhoo.it/1yULoDz

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Filed under Claims, Employee Practices, Guest Issues, Hotel Industry, Hotel Restaurant, Management And Ownership, Training

Hospitality Industry Management Update: “The Accessibility Puzzle: Navigating ADA Requirements”

“…In new construction and renovations, architects often fail to provide an appropriate variety of accessible rooms that would offer guests with disabilities options comparable to those available to non-disabled guests, Vu says. Image ‘This can be a very expensive mistake. Oftentimes hotels are purchased without a thorough ADA review so that the new owners are unaware of the issues present at their new hotel’…”

In the years since the passage of the Americans with Disabilities Act of 1990, the lodging industry has faced many hurdles—and many opportunities—in implementing the far-reaching civil rights law. The past two decades have been a mixed bag of regulatory enforcement, litigation, and gradual recognition of the roles ADA and accessible design play in our industry. Since 1990, hoteliers have spent billions of dollars making their facilities accessible to individuals with disabilities in compliance with the ADA, not only because it’s the law but also because it’s their mission to make all guests feel comfortable and welcome.

“ADA compliance for new properties is easier than older ones since new hotel compliance standards usually come from the brands,” says Raj Shendge, COO of Ohio-based SAP Hotels. ADA compliance for older properties is trickier. He notes that when rules change in the middle of the game it becomes much more difficult. “No lawyer, city official, fire marshal, brand manager knows what is happening.”

For more: http://www.lodgingmagazine.com/the-accessibility-puzzle-navigating-ada-requirements/

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Filed under Guest Issues, Hotel Industry, Maintenance, Management And Ownership

Hospitality Industry Legal Risks: New York Restaurant Settles Federal “ADA Disabilities Compliance” Lawsuit For $10,000 Civil Penalty, Fix Structural Issues Including Takeout Counter, Pathways And Accessible Toilets

“…the U.S. Attorney for the Southern District of New York, announced  the filing and settlement of the lawsuit, which was part of the Hospitality Industry ADA LawsuitsManhattan Restaurants ADA Compliance Initiative. The Initiative uses the 2011 Zagat  Guide’s “most popular” list to probe busy hubs for ADA compliance…The Upper West Side restaurant’s shortcomings include doors that  are too tough to open, narrow pathways between tables, and too high a takeout  counter. The Theatre District got slammed for its high coat check counter and  lack of a raised-character sign near the restroom door. Neither restaurant had a  fully accessible toilet…”

The entrances (of Carmine’s Italian Restaurant) top a long list of tweaks that will be made by the chain’s two  Manhattan locations as the result of a settlement in a lawsuit filed today by  the U.S. Attorney’s office. The suit cited several violations of the Americans  With Disabilities Act, which also comes with a $10,000 civil penalty.

According to the suit filed by Preet Bharara, U.S. Attorney for the Southern  District of New York, each Carmine’s has to shape up to comply with ADA  regulations. Most small changes must be made within 90 days. Larger structural issues –  like the Upper West Side location’s tight bathroom hallway – aren’t due until  November 1, 2014.

Read more at http://observer.com/2013/11/prego-carmines-settles-suit-over-accessibility-issues/#ixzz2kXxcgZK1

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Filed under Guest Issues, Liability, Maintenance, Management And Ownership, Risk Management

Hospitality Industry Employment Issues: Management Must Have An “Interactive ADA Compliance Process” To Insure “Reasonable Accomodation” Of Employee Disabilities; Conduct “Brainstorming Meetings” To Enable Continued Performance Of Job Duties

“…the interactive process is the name given to the process that an employer utilizes in order to determine the appropriate reasonable accommodation that Americans wih disabilities actwill enable an employee with a disability to perform the essential functions of the position…”

“A primary goal (is a) meeting to determine what problems the employee is having in performing their job tasks because of a disability. This entails soliciting ideas from the employee about what you could provide that would enable the employee to perform his or her job duties…”

If the supervisor who is asked for an accommodation can easily provide one, then he or she should do so as soon as possible. However, to establish that you have engaged in good faith in the interactive process, best practice is to schedule a meeting with the employee, the employee’s supervisor and someone from HR.  In addition to soliciting ideas, you may also suggest solutions. The purpose of this brainstorming meeting is to come away with suggestions to enable the employee to continue working. A couple of suggestions:

  • If the employee has a work-related injury, consider involving your workers’ compensation carrier to determine whether there are any monies from your state workers’ compensation division to assist you in making workplace modifications. In Oregon, such funds may be available through the employer at injury program.
  • If you are not sure of an accommodation, consider calling in an expert. This can be accomplished through a phone call to the Job Accommodation Network (JAN), or you can locate a vocational rehabilitation specialist to assist.
  • If you do consult an outside resource, like JAN, be careful about ensuring confidentiality. Do not disclose the employee’s name and identifying information.
  • Keep an open mind.
  • In choosing the accommodation, it is a good idea to understand the employee’s preference, but the employee does not get to choose the accommodation – the employer does. The law requires only that the accommodation be reasonable. Eliminating the requirement to perform an essential job function is not a reasonable accommodation. The employee must still be able to perform the essential job function with an accommodation. Examples of reasonable accommodations include:
    • Job restructuring
    • Equipment (i.e., sit stand desks, lifting mechanisms, carts, new chairs, modified work stations, etc…)
    • Leave of absence
    • Change in work schedule
    • Job reassignment to an available and suitable job
    • Modified workplace policies

For more:  http://www.lexology.com/library/detail.aspx?g=601d48c8-025b-482a-abf9-4f56bd75c350

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: Illinois Hotel Sued For Violating “Americans With Disabilities Act (ADA)” By Firing Employee In Need Of Small Oxygen Tank; Obligation To Work With, Accomodate Her Disability

“… the 51-year-old (woman) filed a federal lawsuit alleging that the Paddle Wheel Inn violated the Americans with Disabilities Act by dismissing Hospitality Industry ADA Lawsuitsher without attempting to accommodate her need for a small oxygen tank…The lawsuit also alleged that earlier this year the inn fired Colvin’s daughter, who also worked at the hotel as a desk clerk, just one day after the Equal Employment Opportunity Commission substantiated Colvin’s claim of discrimination…Barry Taylor, Colvin’s attorney, said that under federal law the inn had an obligation to work with Colvin on a reasonable accommodation for her disability and should not have jumped to any conclusions about whether she would be able to perform her duties…”

Donna Colvin loved her job as the overnight desk clerk at the Paddle Wheel Inn, especially the quiet hours spent tidying the lobby and laying out the morning’s continental breakfast while guests were still fast asleep.

Even when respiratory ailments briefly sidelined her two years ago, Colvin was determined to keep working at the charming inn, situated on the banks of the Rock River about 90 miles west of Chicago. Heeding her doctor’s advice, Colvin informed the inn’s manager that she would have to be on oxygen while she worked. The next day, she learned by letter that she had been fired.

The suit contended the inn lied in its dismissal letter by telling Colvin she was being let go because she had failed to cover her shifts during several brief stints in the hospital.

“To assume that someone, just because they’re using oxygen, would be bad for business is really a knee-jerk reaction that is unwarranted,” said Taylor, an attorney for Equip for Equality, a disability rights legal advocacy organization based in Chicago.

For more:  http://www.chicagotribune.com/news/local/ct-met-disabilities-lawsuit-20131004,0,2456004.story

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: New York Restaurant Sued For $1 Million For “Refusing Service” To Disabled War Veteran Using Service Dog To Ease “Posttraumatic Stress Disorder (PTSD)”

“…(the plaintiff), who uses the dog to ease his posttraumatic stress disorder, is suing  for $1 million in Manhattan Federal Court. He claims the Hospitality Industry ADA Lawsuitsincident humiliated him and exacerbated his PTSD…(he) said he tried to reason with the employee invoking the Americans with  Disabilities Act (ADA), which permits service animals in public spots…(the plaintiff), who won an undisclosed settlement in 2011 after suing a McDonald’s in  Times Square over a similar experience, said he left the KFC rather than  continue the argument…”

A disabled Iraq War veteran who worked at Ground Zero says the Colonel  treated him like trash. Charles Hernandez, 50, a retired public school administrator, claims he was  refused service at a KFC in the Bronx after he brought his service dog into the  fried chicken joint.

His suit says the KFC worker violated federal, state and city laws and caused  Hernandez distress. The suit also names as defendants KFC manager Sade Clarke,  the restaurant’s owner, Star Partner Enterprises Two LLC, and that company’s  principal owner, Thomas Rose.

Read more: http://www.nydailynews.com/new-york/kfc-turns-iraq-war-vet-service-dog-lawsuit-article-1.1432999#ixzz2choApBsK

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Filed under Guest Issues, Liability, Management And Ownership, Risk Management, Training

Hospitality Industry Insurance And Legal Solutions: “Live Webinar” On “Lodging And The ADA” Presented By HospitalityLawyer.com On July 17

HospitalityLawyer Lodging and the ADA WebinarHospitalityLawyer Lodging and the ADA Webinar 2HospitalityLawyer Lodging and the ADA Webinar 3

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Filed under Guest Issues, Insurance, Liability, Maintenance, Management And Ownership, Risk Management, Training

Hospitality Industry Legal Risks: Massachusetts Restaurant Faces “Disabilities Lawsuit” After Terminating Employee With Cystic Fibrosis

“…(the plaintiff) claims she told her boss on March 28, 2012, that she would be late for work the Hospitality Industry ADA Lawsuitsfollowing day since “a nurse would be coming to her house to draw blood to check her medication levels.”…That was the first time Connell had mentioned her cystic fibrosis to any of her supervisors, the lawsuit says. It does state, though, that a manager overseeing her was aware of her cystic fibrosis and was encouraged to keep that information private…”

Chipotle Mexican Grill Inc. was sued on Monday by a former employee claiming the company violated the Americans with Disabilities Act and the Civil Rights Act of 1991. According to the Boston Business Journal, the plaintiff, Amanda Connell, filed the lawsuit in U.S. District Court in Massachusetts. Connell has cystic fibrosis and was hired to work for the company in December 2011. She worked as a crew member at the Franklin, Mass., location.

When she showed up for work on March 29, 2012, with a shunt showing partly in her arm — it was for a “peripherally inserted central catheter” — the suit says she was questioned by her boss and another manager. Connell explained that it was “for the treatment of lung disease.”

According to the suit, Connell was terminated from her job at Chipotle Mexican grill the next day.

The company has declined to comment on the incident with a spokesman saying they will not speak, pending legal action.

For more:  http://www.ibtimes.com/former-employee-sues-chipotle-after-she-says-she-was-fired-having-cystic-fibrosis-1324995

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Filed under Employment Practices Liability, Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: EEOC Issues Revised Protections Against “Disability Discrimination” Including “Employees With Cancer, Diabetes, Epilepsy And Intellectual Disabilities”

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that EEOCis not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer (“undue hardship”).

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

The U.S. Equal Employment Opportunity Commission (EEOC) today issued four revised documents on protection against disability discrimination, pursuant to the goal of the agency’s Strategic Plan to provide up-to-date guidance on the requirements of antidiscrimination laws.

The documents address how the Americans with Disabilities Act (ADA) applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities. These documents are available on the agency’s website at “Disability Discrimination, The Question and Answer Series,” http://www.eeoc.gov/laws/types/disability.cfm.

“Nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, and more than 2 million have an intellectual disability,” said EEOC Chair Jacqueline A. Berrien. “Many of them are looking for jobs or are already in the workplace. While there is a considerable amount of general information available about the ADA, the EEOC often is asked questions about how the ADA applies to these conditions.”

In plain, easy-to-understand language, the revised documents reflect the changes to the definition of disability made by the ADA Amendments Act (ADAAA) that make it easier to conclude that individuals with a wide range of impairments, including cancer, diabetes, epilepsy, and intellectual disabilities, are protected by the ADA. Each of the documents also answers questions about topics such as: when an employer may obtain medical information from applicants and employees; what types of reasonable accommodations individuals with these particular disabilities might need; how an employer should handle safety concerns; and what an employer should do to prevent and correct disability-based harassment.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm

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Filed under Employment Practices Liability, Labor Issues, Legislation, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Florida Restaurant Settles Justice Department “Disabilities Lawsuit” For $60,000; “Family Was Told To Leave Over Their Children’s Skin Condition”

Hospitality Industry ADA Lawsuits“…according to the lawsuit, Danielle Duford and her children were asked to leave the restaurant after other customers noticed the skin condition of her infant daughter. Three of Duford’s four children have epidermolysis bullosa…”

A restaurant will pay $60,000 after telling a family to leave over their children’s skin condition. As reported by the Associated Press (AP), the U.S. Justice Department announced the settlement Wednesday.

The department filed a lawsuit against the Golden Corral in Westland in February claiming that ejecting the family had been a violation of the Americans with Disabilities Act.

Justice Department civil rights lawyer Eve Hill is quoted by the AP as stating of the settlement, “No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public… We are confident today’s settlement sends that message.”

For more:  http://www.newyorkinjurynews.com/2013/05/11/Restaurant-to-pay-family-after-ejecting-them-for-kids-skin-condition_201305119426.html

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Filed under Insurance, Liability, Management And Ownership, Risk Management, Training