Tag Archives: Lawsuits

by | December 27, 2011 · 6:56 pm

Hospitality Industry Legal Risks: New York Hotel Found Guilty Of Fostering A "Hostile Environment" For A Black Employee In Racial Discrimination Lawsuit

“…He was the only black employee in that department, the suit said, and several other mechanics and supervisors frequently used a racial epithet when he was around, apparently in an effort to cause him discomfort…The suit contended the hotel’s management at favored white and Hispanic workers over African-Americans…”

On Friday a jury, after issuing a verdict in Mr. MacMillan’s favor, awarded him $125,000 in compensatory damages and $1 million in punitive damages.

Freddrick MacMillan, who has worked at the hotel in various capacities since 1990, sued in Federal District Court in Manhattan in 2009, saying he had been subjected to a hostile environment.

 Mr. MacMillan, who is African-American, said several co-workers habitually referred to him as “boy” and used a racial epithet, and one of them used a noose to hang a doll with a black face from a bulletin board in a supervisor’s office.

For more:  http://cityroom.blogs.nytimes.com/2011/12/16/millennium-hotel-loses-racial-harassment-suit/

Comments Off on Hospitality Industry Legal Risks: New York Hotel Found Guilty Of Fostering A "Hostile Environment" For A Black Employee In Racial Discrimination Lawsuit

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

Tagged as , ,

by | December 15, 2011 · 6:47 am

Hospitality Industry Guest Safety: Hotels And Resorts Face Lawsuits Over Severe Burns To Children From Guest Room "Glass Fireplaces"; Glass Can Reach Temperatures Of 400 Degrees

“…more than 2,000 children ages 5 and younger have suffered burns from fireplace glass since 1999, according to a federal estimate. Some burn specialists think the actual toll is higher…”

“…(one) lawsuit, filed this June in federal court in Denver, seeks damages from several fireplace companies along with operators of the resort. They knew “these fireplaces would be installed at heights for which the decorative glass front was perfectly suited to contact by infants and small children,” the lawsuit states, yet “took no steps to guard against direct contact with the super-heated glass or to meaningfully warn about the extreme…burn potential.”

Citing the “extreme risk of injury,” the American Burn Association, representing burn surgeons, nurses and therapists, last week became the latest to call for adoption of a mandatory safety standard. It joins such groups as Consumers Union and the Consumer Federation of America.

The glass commonly reaches temperatures of 400 degrees, as hot as an oven on broil, and is usually placed at a perfect height for curious toddlers to touch or fall into. These encounters can easily result in skin graft surgery and painful recovery, with medical costs in the six figures. One safety expert called it an “insidious and unappreciated hazard.”

Consumer groups and anguished parents are urging the Consumer Product Safety Commission to impose federal safety regulations. But the fireplace industry, which up to now has policed itself, is resisting. To head off federal regulation and more lawsuits from families of burned kids, manufacturers are working on a revision to their current voluntary standard that will be taken up by an industry technical panel on Dec. 13.

For more:  http://www.tucsonsentinel.com/nationworld/report/121211_fireplace_burns_regs/fireplace-industry-resists-regulation-over-child-burns/

Comments Off on Hospitality Industry Guest Safety: Hotels And Resorts Face Lawsuits Over Severe Burns To Children From Guest Room "Glass Fireplaces"; Glass Can Reach Temperatures Of 400 Degrees

Filed under Guest Issues, Injuries, Insurance, Management And Ownership, Risk Management, Training

Tagged as , , ,

by | December 8, 2011 · 6:54 am

Hospitality Industry Swimming Pool Risks: Hawaii Hotel Owner Must Face Trial Over "Near Drowning And Incapacitation" Of Woman

“Under Hawai’i law, a landowner has a duty to use reasonable care for the safety of all persons reasonably anticipated to be on the premises….Further, Hawai’i courts recognize that a hotel has a ‘special relationship’ with its guests […] to protect the latter against unreasonable risk of physical harm.”

     “…Court precedent found in 2010 with Robbins v. Marriott Hotel Services establishes that hotels may have to take extra steps to warn guests about “an open and obvious danger.”

 Royal Lahaina did not have an on-duty lifeguard, only a sign that said, “Warning: No Lifeguard on Duty,” according to the complaint.

A California travel agency must face a trial to determine whether it is liable for the near drowning of a woman who used a hotel pool despite a sign that alerted guests there was no lifeguard on duty, a federal judge ruled.

Song Meyong Hee is now “incapacitated” and “a vegetable,” after sinking in a Royal Lahaina Resort swimming pool and suffering severe hypoxia, according to the complaint filed by Song’s husband and children.

For more:  http://www.courthousenews.com/2011/12/06/42001.htm

2 Comments

Filed under Injuries, Insurance, Liability, Management And Ownership, Pool And Spa, Risk Management

Tagged as , , , , ,

by | December 7, 2011 · 7:58 am

Hospitality Industry Employment Risks: "Americans With Disabilities Act" Amendment Has Broadened Definition Of "Disability"; "Employment-Practices Liability" Claims Expected To Rise Dramatically

“…As a result of the EEOC rulings, which broaden the definition of disability to include protections for employees with, for example, cancer, diabetes or epilepsy… the definition of disability under the law was “significantly expanded” by the ADAAA, and she also expects claims numbers to grow as a result.”

“…A person with diabetes…you must provide reasonable accommodations—a place to test blood sugar, a break to take medications and time to rest…”

“…It’s cheaper to purchase (the proper Employment-Practices Liability coverage] than to defend yourself against one of these claims…”

Steps taken by federal officials to broaden the definition of “disability” is putting pressure on employers—and insurers are forecasting an increase in employment-practices liability (EPLI) claims.

The Americans with Disabilities Act Amendments Act (ADAAA), which went into effect on Jan. 1, 2009, directed the U.S. Equal Employment Opportunity Commission (EEOC) to revise its regulations “to restore the intent and protections” of the original act, and to address what lawmakers felt was a too-narrow view taken by courts of the original ADA provisions.

For more:  http://www.propertycasualty360.com/2011/12/01/ada-amendments-broader-definition-likely-to-cause

2 Comments

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

Tagged as , , , ,

by | December 6, 2011 · 6:53 am

Hospitality Industry Guest Privacy Risks: New "Invasion Of Privacy" Lawsuit Filed Against Tennessee Hotel By ESPN Reporter Who Seeks $6 Million For "Negligence And Infliction Of Emotional Distress"

“…The lawsuit charges that Barrett called the Marriott and was told which room Andrews would be staying in and then rented the room next to her…”

The lawsuit accuses Marriott of negligence, infliction of emotional distress and invasion of privacy and seeks at least $2 million in damages for each of the claims. Barrett was accused of the same claims in addition to disclosure of private facts, and the lawsuit seeks $1 million for each claim against him.

ESPN reporter Erin Andrews filed a new lawsuit in Davidson County Circuit Court last week accusing the Nashville hotel where she was unknowingly videotaped in the nude in 2008 of invasion of privacy, negligence and infliction of emotional stress.

In addition to the West End Marriott Hotel, Andrews also named convicted perpetrator Michael Barrett in the lawsuit. Barrett, an Illinois resident, was sentenced to two and a half years in federal prison in 2010 for stalking Andrews as she traveled around the country to cover sporting events for ESPN and filming her in her hotel rooms.

For more:  http://www.tennessean.com/article/20111206/NEWS03/312060024/ESPN-s-Erin-Andrews-files-new-invasion-of-privacy-suit

Comments Off on Hospitality Industry Guest Privacy Risks: New "Invasion Of Privacy" Lawsuit Filed Against Tennessee Hotel By ESPN Reporter Who Seeks $6 Million For "Negligence And Infliction Of Emotional Distress"

Filed under Claims, Crime, Guest Issues, Insurance, Labor Issues, Management And Ownership, Privacy, Risk Management

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 | November 8, 2011 · 7:39 am

Hospitality Industry Liability Risks: Colorado Supreme Court Upholds $10 Million Award To Truck Driver Who "Slipped And Fell On Ice And Grease"

 “…A truck driver who slipped and fell on ice and grease while making a delivery to a Wal-Mart store in northern Colorado can collect a nearly $10 million award after the state Supreme Court upheld a jury verdict in the case on Monday…”

The driver, 41-year-old Holly Averyt of Cheyenne, Wyo., had to undergo three spine surgeries, was unable to return to work and lost her truck. Her lawyers presented city documents during the original trial that showed some grease from the store’s deli didn’t get trapped in a device designed to keep it from getting into the sewer.

Wal-Mart Stores, Inc., told jurors there had been no grease spill at the store in Greeley.

A jury awarded $15 million to Averyt in November 2010. Wal-Mart appealed and a lower court granted the company a new trial, saying the award was “excessive, not supported by the evidence and could only be the result of prejudice and bias and the jury’s desire to punish Wal-Mart.”

For more:  http://www.cbsnews.com/8301-201_162-57320005/wal-mart-to-pay-trucker-$10m-for-greasy-ice-fall/

Comments Off on Hospitality Industry Liability Risks: Colorado Supreme Court Upholds $10 Million Award To Truck Driver Who "Slipped And Fell On Ice And Grease"

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

Tagged as , , , ,

by | November 4, 2011 · 2:04 am

Hospitality Industry Guest Security: Pennsylvania Hotel Sued By Woman Attacked In Elevator For "Negligence In Failing To Provide Adequate Security"

“…The woman and her husband, of East Pittsburgh, filed the 17-page lawsuit in Allegheny County Common Pleas Court against Hyatt Hotels Corp., alleging the Findlay hotel was negligent for failing to provide adequate security that led to the Jan. 31 attack…”

A newlywed who was stabbed inside a Hyatt Regency Pittsburgh International Airport hotel elevator during what police said was an attempted sexual assault sued the hotel’s parent company on Tuesday.

Michael Furman, 28, of Weirton, W.Va., is awaiting trial. The lawsuit states that Furman rode in the elevator with her, then put his hand over her mouth and pushed her against a wall. The woman fought back, freed herself and ran to her room when the elevator doors opened, the lawsuit states.

The lawsuit states that hotel employees took five to 10 minutes to get to her room after she hit the emergency button on the phone.

Read more: Victim of attack takes Findlay hotel to court – Pittsburgh Tribune-Review http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/s_765081.html#ixzz1chKZ4nod

Comments Off on Hospitality Industry Guest Security: Pennsylvania Hotel Sued By Woman Attacked In Elevator For "Negligence In Failing To Provide Adequate Security"

Filed under Crime, Guest Issues, Injuries, Insurance, Liability, Management And Ownership, Risk Management

Tagged as , , ,