Tag Archives: ADA Compliance

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