Tag Archives: Discrimination

by | March 24, 2012 · 7:41 am

Hospitality Industry Legal Risks: Arizona Restaurant Chain Found Guilty Of "Pregnancy Discrimination" In Suit Brought By EEOC

“The EEOC would like to remind employers that pregnancy discrimination has been illegal for decades, and violations of the law will be met with rigorous enforcement by our agency.”

 The manager admitted in sworn testimony that he had made that statement, having been told by a company official that he could not hire pregnant women.

An Arizona federal jury returned a verdict against High Speed Enterprise, Inc., a corporation that owns five Phoenix-area Subway restaurants. The jury awarded damages to Belinda Murillo, a job applicant who claimed she was refused a position solely because she was pregnant. The suit was brought by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the lawsuit, EEOC v. High Speed Enterprise, Inc. dba Subway, Murillo applied for a job at a central Phoenix Subway in May 2006. Later that month she met with the general manager who asked if she was pregnant. She said yes.

EEOC says that the manager told the applicant, “We can’t hire you because you’re pregnant.” She also reminded pregnant women that it is against the law for employers to fire them or treat them differently because they are expecting.

For more:  http://safety.blr.com/workplace-safety-news/safety-administration/Disabilities-ADA/Jury-Decides-Against-Restaurant-Owner-in-Discrimin/

Comments Off on Hospitality Industry Legal Risks: Arizona Restaurant Chain Found Guilty Of "Pregnancy Discrimination" In Suit Brought By EEOC

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

Tagged as , , , ,

by | March 12, 2012 · 7:32 am

Hospitality Industry Legal Risks: Washington Hotel And Restaurant Sued By Fired Waiter For "Discrimination, Disparate Treatment And Infliction Of Emotional Distress"

“…He contends Matt Stickle, executive chef of the hotel’s Bite restaurant, belittled him in front of customers and co-workers and that the Murano’s managers did nothing to rectify the situation when he complained. Conteh, who immigrated to the United States from Africa, contends he was treated hurtfully and unfairly because he’s black…”

A Pierce County man is suing Tacoma’s Hotel Murano and the executive chef of its high-end restaurant, contending they discriminated against him when he worked there as a waiter. Muhammed Conteh filed his lawsuit last week in Pierce County Superior Court. Conteh seeks unspecified damages for discrimination, disparate treatment and the infliction of emotional distress.

Conteh contends, among other things, that Stickle “continuously harassed plaintiff about his personal smell and would physically smell the plaintiff and embarrass him in front of customers,” according to the suit.

Conteh said he also was punished for using the kitchen telephone and engaging in horseplay with colleagues. White co-workers who engaged in similar behavior were not disciplined, he contends.

Conteh was fired in January after working at the restaurant for eight years. He has been unemployed since, said his lawyer, Thaddeus Martin.

Comments Off on Hospitality Industry Legal Risks: Washington Hotel And Restaurant Sued By Fired Waiter For "Discrimination, Disparate Treatment And Infliction Of Emotional Distress"

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

Tagged as , , , , ,

by | January 11, 2012 · 11:41 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

“…The lawsuit …claims that Panera franchisee Covelli Enterprises discouraged managers from hiring African Americans, and then relegated them to menial, back-of-the-shop roles….”

A Panera Bread franchisee had a policy of keeping “fat, black or ugly” people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

It follows a lawsuit filed in November by a former Panera Bread manager who said he was fired under pretenses after he objected to such policies. Both Mr. Vines and the former manager are represented by attorney Sam Cordes.

Mr. Vines, who is black, worked at Panera at the Galleria in Mt. Lebanon from November 2009 through August 2011, according to the complaint. While he was there, a district manager told a store manager that Sam Covelli, of Covelli Enterprises, might give them both a “death sentence” if he saw Mr. Vines working a cash register, because Mr. Vines was a “that” — code for an African American.

Because Mr. Vines was a good employee, the store manager continued to periodically put him on the cash register, and tried to promote him, the complaint said. He was repeatedly reprimanded, however, and was not allowed to promote Mr. Vines, it said.

Mr. Vines eventually was forced to quit because of the policies, the complaint said. Mr. Cordes said he now works at another restaurant. He seeks actual, compensatory and punitive damages.

Mr. Vines seeks to represent the interests of all African Americans hired at Panera Bread branches owned by Covelli Enterprises, which is based in Warren, Ohio. Mr. Cordes said that the class of plaintiffs does not include overweight or “ugly” people.

Read more: http://www.post-gazette.com/pg/12011/1202770-100.stm#ixzz1jBDYhqK9

Comments Off on Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

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

Tagged as , , , , ,

by | December 1, 2011 · 7:42 am

Hospitality Industry Employee Risks: Washington DC Hotel Sued By Muslim Employee For Discrimination When He Was "Prohibited From Serving Israeli Delegation" (Video)

[youtube=http://www.youtube.com/watch?v=N-oqj7jsY2o]

The Mandarin Oriental Hotel in DC barred a Muslim employee from serving an Israeli delegation, CNN’s Barbara Starr reports.

Comments Off on Hospitality Industry Employee Risks: Washington DC Hotel Sued By Muslim Employee For Discrimination When He Was "Prohibited From Serving Israeli Delegation" (Video)

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

Tagged as , , ,

by | November 13, 2011 · 8:49 am

Hospitality Inudustry Employement Risks: California Hotel Chain Settles Discrimination Lawsuit With U.S. Equal Employment Opportunity Commission (EEOC) Over Firing Employee With Autism

“…The EEOC’s suit accused the companies of failing to make a reasonable accommodation for the clerk’s disability, discrimination and wrongful termination...”

According to the terms of the settlement, the former clerk will receive $125,000, while San Diego-based Partnership with Industry—the non-profit employment support organization that sent the job coach—will receive $7,500.

The U.S. Equal Employment Opportunity Commission has settled its discrimination lawsuit against a California-based hotel chain for allegedly firing a front desk clerk with autism, the agency announced on Monday.

The hotel chain, Comfort Suites and its parent company, Newport Beach, Calif.-based Tarsadia Hotels, have agreed to pay $132,500 and make several changes to its employment practices and operations, the EEOC said in a statement.

According to the EEOC’s lawsuit, filed in a Los Angeles federal court in September 2010, supervisors at the Comfort Suites Mission Valley Hotel in San Diego denied a former front desk clerk diagnosed with autism access to a job coach that “would have helped the clerk learn to master his job by using autism-specific training techniques,” as well as made repeated disparaging remarks about his condition.

After refusing on several occasions to allow the job coach into the hotel, the supervisors allegedly accused the clerk of mishandling a hotel guest’s packages and fired him.

For more:  http://www.businessinsurance.com/article/20111108/NEWS05/111109871?tags=%7C338%7C309%7C75%7C305%7C339%7C303

Comments Off on Hospitality Inudustry Employement Risks: California Hotel Chain Settles Discrimination Lawsuit With U.S. Equal Employment Opportunity Commission (EEOC) Over Firing Employee With Autism

Filed under Insurance, Labor Issues, Management And Ownership, Risk Management

Tagged as , , , , ,

by | November 12, 2011 · 4:06 pm

Hospitality Industry Employee Risks: New York Hotel Sued By Black Employee For Discrimination After "Racist Stunt"

“…A black midtown hotel cook says two co-workers inside of a year have dressed like the Ku Klux Klan and harassed him…(serving) the hotel and three employees with a $35 million discrimination lawsuit over an alleged racist stunt on Oct. 28, 2010…”

In an amended complaint, Jones says painter Ramon Pagan confronted him in the hotel basement wearing a “pure white cone-shaped article on his head.” Pagan said, “Hey, look at me. I am the Ku Klux Klan,” while a hotel manager witnessed the bizarre exchange, according to court papers filed in Manhattan Federal Court.

“[Pagan] laughed in my face and enjoyed what he was doing. And there was a manager right there looking at him and didn’t say a word.” “It was not a painter’s mask he was wearing, it was perfectly shaped like a cone,” he added.

Jones immediately reported what happened to hotel brass who reviewed a surveillance video which captured the scene. Phoebe Knowles, a vice president for the Roger Smith Hotel, said Friday that management acted decisively and canned Pagan. “The employee no longer works here,” Knowles said.

“We have a strict policy against any type of harassing actions, and we respond expeditiously when it comes to our attention.”

Read more: http://www.nydailynews.com/new-york/black-midtown-hotel-cook-co-workers-dressed-ku-klux-klans-harassed-article-1.976420#ixzz1dXRLEHn1

2 Comments

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

Tagged as , , , ,

by | December 30, 2010 · 3:59 am

Hospitality Industry Employee Risks: Hotel Owners Should Maintain “Employment Practices Liability” Insurance Coverage For Wrongful Termination, Harassment And Discrimination Suits

EPL insurance policies protect businesses from the financial costs incurred from employment-related lawsuits filed for a range of reasons, from wrongful termination to harassment to discrimination and so on. More than half of claims are filed against small businesses…however, less than two percent of businesses with fewer than 50 employees purchase EPL insurance.

  • A recent Chubb survey found that 36 percent of private company executives understand the gravity of their exposure to EPL suits and 21 percent said they had an experience with an EPL suit in the last five years.
  • While every EPL policy is different, a company with $1 million in sales and 50 employees can likely get a policy for about $7,000 per year—$10,000 if they also take out coverage protecting directors and officers in the event of liability lawsuits against them personally.
  • The leading charge filed in discrimination cases is an allegation of racial discrimination, at 36 percent of cases, according to EEOC figures from 2009. Gender-based discrimination was alleged in 30 percent of cases.
  • Age-based claims made up 24 percent
  • Disabled claims tallied 23 percent.

In many cases, multiple allegations are made. One of the growing charges, according to the EEOC, is retaliation against employees for making discrimination claims, which can involve a job switch that the employee views as a demotion related to the initial claim.

“If you go to your supervisor and say you’ve been harassed by Joe, you can bring that claim to EEOC, but then if they decide to fire you or cut back your hours, that is the retaliation component,” says Tom Hams, Aon Risk Solutions’s EPL practice leader. “That retaliation component can survive much more than the allegation itself.” The employer may win on the allegation of whether or not you were discriminated against, but they may lose a case based on the retaliation claim for moving the complainant to a different job or office setting.

For more:  http://www.inc.com/guides/2010/12/how-to-reduce-employment-liability-claims_pagen_2.html#

Comments Off on Hospitality Industry Employee Risks: Hotel Owners Should Maintain “Employment Practices Liability” Insurance Coverage For Wrongful Termination, Harassment And Discrimination Suits

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

Tagged as , , , , , ,

by | October 2, 2010 · 11:18 am

Hospitality Industry Employee Risks: Equal Employment Opportunity Commission (EEOC) Filed A Federal Lawsuit Against Hotel Owners Alleging “Pattern Of Racial Discrimination” In Hiring Hispanics Over Black Applicants

A federal lawsuit filed Thursday by the Equal Employment Opportunity Commission against the owners of an Eastside hotel claims black housekeeping employees were fired after they complained that Hispanic workers were paid more for doing the same work.

The suit, which alleges a pattern of racial discrimination against the hotel’s housekeeping staff and job applicants, also said the black workers were openly told they’d be fired and replaced because Hispanics cleaned better and complained less.

The EEOC filed the suit claiming racial discrimination on behalf of five fired employees of the Hampton Inn, 2311 N. Shadeland Ave., plus a group of black applicants who sought jobs at the hotel.

The EEOC suit also claims the hotel management destroyed employment records sought by the agency going back nearly two years. Incidents in the suit allegedly occurred from September 2008 to June 2009.

The suit seeks back pay and reinstatement for the fired employees, and it seeks unspecified compensation for other blacks denied employment on the basis of their race.

Hotel owners New Indianapolis Hotels LLC and Hement Thacker of Georgia could not be reached for comment. Attorneys in Indianapolis and Georgia, who formerly represented the hotel owner, declined comment.

Though employment records have been destroyed, the EEOC estimated about 30 to 35 applicants sought work at the hotel and may have been denied work based on their race.

For more:  http://www.indystar.com/article/20101001/LOCAL1803/10010388/1003/BUSINESS/EEOC-s-bias-suit-targets-hotel-on-Eastside

Comments Off on Hospitality Industry Employee Risks: Equal Employment Opportunity Commission (EEOC) Filed A Federal Lawsuit Against Hotel Owners Alleging “Pattern Of Racial Discrimination” In Hiring Hispanics Over Black Applicants

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

Tagged as , , , ,