Tag Archives: Workplace Hostility

Hospitality Industry Legal Risks: Workplace Discrimination Lawsuits Increase As Companies Employ "Ethnically Diverse Labor Force"; Hotel Worker Mocked For His "Accent" Awarded $500,000 Settlement

Earlier this year, an Iraqi hotel worker in Phoenix won a $500,000 settlement from the Four Points Sheraton. EEOCHe claimed his co-workers mocked his accent and called him derogatory names. According to the EEOC, the worker’s managers didn’t take his complaints seriously, which made his workplace situation intolerable.

Workplace discrimination complaints based on national origin, including those involving language ability, increased by 76 percent from 1997 to 2011, according to the EEOC. The agency says the trend reflects a more ethnically diverse labor force.

Civil rights advocates say workplaces have become more hostile toward workers who don’t speak perfect English.

“There’s definitely a climate of fear that’s bad for everyone,” John Mejia, legal director for the American Civil Liberties Union (ACLU), told Insurance Journal.

Some workers have won large settlements in accent-related lawsuits.

For more:  http://www.insidecounsel.com/2012/12/26/accent-related-discrimination-suits-on-the-rise-sa

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

Hospitality Industry Workplace Risk Management: Hotel Owners And Management Can Limit “Sexual Harassment” Liability By Preventing “Hostile Work Environments” And Educating Employees To Report “Unwelcome Sexual Conduct” (Video)

[youtube=http://www.youtube.com/watch?v=po6V_h7w4Nc&feature=mfu_in_order&list=UL]

There are various types of sexual harassment including “hostile work environments”. This video presents employees with scenarios that define sexual harassment and how to effectively recognize and deal with it.

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

Hospitality Industry Insurance: Employment Practices Liability Insurance Protects Employers From “Workplace Bullying” Claims

Employers are turning to ’employment practices liability’ insurance to protect against bullying-type claims (harassment, wrongful termination, etc.) for which companies pay $5,000 to $100,000 in annual premiums with deductibles of $10,000 to $25,000. The median compensation in wrongful termination cases topped $200,000 in 1995, up 45% from the year before.

Workplace bullying includes all types of interpersonal harassment and psychological violence. Few are blatantly illegal; most are not. It crosses all organizational levels, from the top down and from the bottom up. Unchallenged bullying poisons the workplace, undermines productivity, and contributes to a skyrocketing exposure to risk.

The anguish of bullied employees forces them to pay with their health–both psychological and physical–that affects them, their co-workers and their families. It undermines a loyal employee’s commitment to the organization, while eroding personal well-being.

Relationships among employees, and between management and staff, are strained more than ever because of time and productivity pressures. Pressure, to some, justifies the mistreatment of others. When mistreatment goes unchallenged, even passive individuals are capable of explosive rage that can result in headline episodes of workplace violence.

http://www.workplacebullying.org/employers.html

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Filed under Insurance, Liability

Hotel Industry Sexual Harassment: Smaller Hotel Operators Have Minimal “Workplace Hostility” Procedures In Place And Managers Are Often “Friends” Of Senior Management

The situation was difficult to report internally, as the hotel had no clear-cut method of filing such a form of workplace hostility, according to Tsamis. Calls by Windy City Times to the human resources department at the hotel were not returned.

The matter grew more complicated because the manager is friends with the son of the general manager and the human resources manager, according to Kosman.

“Because there was not a policy of reporting in place, I wrote a letter to Bricton Group,” Tsamis said.

(From a WindyCityMediaGroup.com article)   When Hernan Cortes began working for Holiday Inn in 2006, he was pleased with the job.

“It was an excellent work environment,” said Cortes.

Things changed radically in August 2009, when, according to Cortes, his new male supervising manager began sexually harassing him and, ironically, discriminating against him due to his sexual orientation.

Sexual harassment and discrimination based on sexual orientation, two forms of workplace hostility, have intersected in a case involving employees of a Holiday Inn franchise in Elmhurst, Ill. The hotel is run by The Bricton Group, which is based in Park Ridge, Ill.

Two employees of the hotel have sought legal advice due to the alleged incidents.

Dan Kosman, the second employee seeking legal assistance, began working for the hotel in June 2009. Around August, his supervising manager—the same manager who also supervised over Cortes—allegedly began sexual harassing him as well.

“I’d walk by and he’d pinch my butt,” Kosman said. “I’d be by the filing cabinet, bending over, and he’d come over and bump me purposely.

Kosman added that the manager also committed more lewd actions, such as exposing his penis to him. Cortes reportedly faced similar harassment.

Discrimination based on sexual orientation also came into play, when other employees were present, said Kosman and Cortes.

“He called me ‘F squared,’ which mean ‘f’ing faggot,'” Cortes said.

“As the harassment went on, he was obviously a closeted gay,” Kosman said. “When there were other people around, he was definitely throwing [ homophobic words ] around to whomever he was talking to. I would be somewhere on the sidelines … and he’d say, ‘Oh, that guy’s a fag.'”

Kosman sought the advice of Lambda Legal, an organization that offers legal assistance to the LGBT community, in December. Lambda referred Kosman to his current lawyer, Betty Tsamis.

http://www.windycitymediagroup.com/gay/lesbian/news/ARTICLE.php?AID=25872

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Filed under Crime, Liability, Training