Tag Archives: Employees

by | May 27, 2013 · 6:37 am

Hospitality Industry Employment Risks: Mississippi Restaurant Sued For “Race Discrimination” By EEOC; Hired Only Whites As Servers, Bartenders And Other Front-Of-The-House Positions

“…The EEOC  claims Stone Pony Pizza refused to hire African-American  applicants as a class for certain positions because  of their race.  Stone Pony is alleged to  have hired only whites for front-of-the-house positions such as server,  hostess, waitress, and bartender, and hired African-EEOCAmericans for  back-of-the-house positions such as cook and dishwasher. Additionally, the EEOC  charged that Stone Pony maintained a  racially segregated workforce and failed to keep job applications as required  by law…”

Stone  Pony Pizza, Inc., a Clarksdale pizza restaurant and bar, violated federal law  by refusing to hire a class of African-American applicants because of their  race, according to a lawsuit filed on Friday, May 17, 2013 by the U.S. Equal  Employment Opportunity Commission (EEOC).

The EEOC filed suit, Civil Action No., 4:13-cv-00092, filed in U.S. District Court for the Northern District of  Mississippi, Greenville Division, after first attempting to reach  a pre-litigation settlement through its conciliation process. The  suit was brought under Title VII of the Civil Rights Act of 1964 which  prohibits discrimination based on race and color.  The suit seeks monetary relief in the form of  back pay, compensatory and punitive damages, hiring relief and an injunction  against future discrimination.

“Employers simply cannot  refuse to hire applicants based on their race, nor can they segregate employees  into certain positions based upon their race,” said Katharine Kores, district  director of the

EEOC’s Memphis  District Office.  “Applicants should be  evaluated based upon their qualifications, not the color of their skin.”

Eliminating barriers in recruitment and hiring, especially  class-based recruitment and hiring practices that discriminate against racial,  ethnic and religious groups, older workers, women, and people with  disabilities, is one of six national priorities identified by the Commission’s  Strategic Enforcement Plan.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/5-20-13.cfm

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by | May 18, 2013 · 6:48 am

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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by | May 10, 2013 · 6:44 am

Hospitality Industry Risk Solutions: Hotel Housekeeping Carts Are Now Smaller Leading To Increased Room Security, Less Employee Injuries And Reduction In Amenity And Towel Theft

 “Items are not exposed to people walking through hallways so theft of amenity items or towels is greatly reduced…there’s a safety issue, too…Housekeeping staff would park the larger carts outside and keep the door open while they cleaned…not so with the Hotel Housekeeping Safety & Securitysmaller version…the guest comes back and sees the door wide open (and would) think anyone can get in the room…”

“Linen closets (are now) situated closer to the rooms for easy access, eliminating the need for the larger carts. The housekeeping staff has been more productive with the smaller carts because they can move around more quickly, he says. They’re also less prone to injury as the larger carts were heavy to push around…”

Big, rolling housekeeping carts are disappearing from many hotel hallways, just like the floral polyester linens they used to carry. Hotels say they’re replacing cumbersome carts with smaller ones sometimes akin to golf caddie bags out? of necessity, in addition to convenience and even appearance.

Among those saying goodbye to the hall-blocking carts: The Staybridge Suites Times Square in New York, The Ritz-Carlton in Charlotte and the Renaissance Charlotte SouthPark Hotel.

Hotel general managers say there are a number of reasons why smaller is better.

  • Hotels don’t use duvets and bulky linens anymore, so there’s no need for large carts, they say. Plus, storage space is at a premium, and smaller carts don’t take up much space.
  • The bags are small enough to take into the room and leave the hallways clear and safe. They also don’t nick the walls of elevators and corridors like the large carts did.
  • But more important, the guests prefer them, says Rich Hotter, general manager of the Staybridge Suites Times Square.

For more:  http://www.usatoday.com/story/hotelcheckin/2013/05/10/hotels-housekeeping-carts/2146993/

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by | May 1, 2013 · 6:33 am

Hospitality Industry Privacy Risks: Texas Hotel Employee Arrested For “Attempted Improper Photography And Visual Recording”; Cell Phone Placed In Ceiling Above Guest Room Shower

“…Police say a guest reported hearing an alarm-type sound coming from the bathroom area of her hotel room while she was in the shower…she hotel room privacyfound a small pinhole with a camera lens behind it in the ceiling. After moving the tiles, she discovered the cell phone…Hotel security removed the camera from the ceiling and noted that it was powered on…The room’s electric lock showed that (the defendant) had entered the room the day prior with the key assigned to him….”

A housekeeper at the Hyatt Regency hotel located at 208 Barton Springs is charged with misdemeanor attempted improper photography and visual recording. Blue Moo Too, 30, is charged after his cell phone was found hidden in a ceiling tile above the shower of one of the hotel rooms.

Video on the phone showed a man placing it in the bathroom ceiling and wiping away his footprints from the bathtub. The hotel’s executive housekeeper identified the man as her employee, Too, a housekeeper at the hotel.

Too was booked into Travis County Jail on April 12 with a $25,000 bail. He has since bonded out. Police say they didn’t find evidence of any other victims on his cell phone. His computer is still being looked at. At this time, the former housekeeper is facing up to one year in jail and a fine of no more than $4,000.

For more: http://www.kvue.com/news/Hyatt-hotel-worker-charged-with-improper-photography-203045331.html

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by | April 20, 2013 · 5:50 am

Hospitality Industry Security Risks: Hotels And Resorts Are “Vulnerable To Security Threats” And Crime As Staff Is Trained To Maximize Guest Experience

“…Because of the nature of their business, implementing TSA-style security measures at hotels would not be a good idea, Todd Seiders says. “They would have to limit the entry into their buildings, search bags, confirm you have business there and inconvenience everyone. The general department of homeland_securitypublic will not stand for that (look at the continuing uproar about the TSA at airports).”…Complicating the issue is the fact that hotel staff members are, by and large, trained to please potential guests, which can render them vulnerable to security threats…”

Todd Seiders, director of risk management at Petra Risk Solutions and former director of loss prevention at Marriott, discussed how hotels and public events can work to increase traveler safety in the future.

“The Boston Marathon bombing is just another example of how hard it is to secure public places and events,” Seiders says. “According to the news, bomb dogs had swept the finish line area 1 hour prior to the start of the marathon. So obviously police did everything they could to secure the area, and the bombs were brought in during the event.”

“There is a constant clash between hotel security experts and seasoned hotel management people, whose pay and bonuses depend on guest satisfaction surveys and comments,” Seiders continues. “Hotel security experts need to find more guest friendly ways to provide security, and hotel managers need to take security more seriously. A large number of hotels do not have a dedicated security staff, so security falls on the guest service staff, and guest service staff is trained never to say no or to offend or interfere with the guest experience.”

Seiders recommends hotels install HD cameras to monitor open public spaces, exits and entrances, both to deter crime and to aid investigation should one occur. Staff should be trained to pick up and investigate unattended bags or luggage, and hotels should work closely with their local police of sheriff department, along with Homeland Security, to discuss security and terrorism.

For more:  http://www.travelagentcentral.com/trends-research/trend-watch-suspects-boston-bombings-surface-whats-next-travel-security-40155

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by | April 17, 2013 · 7:22 am

Hospitality Industry Legal Risks: Hotel And Restaurant Hiring Policies Must Be Neutral On Employee “Sex Stereoyping”; EEOC To Enforce “Broad Definition Of Sex Discrimination”

The EEOC Title VII effort to protect LGBT (Lesbian, Gay, Bisexual and Transgender) workers relies on a broad definition of sex discrimination, treating harassment and discrimination claims under a “sex stereotyping” theory…The EEOC’s new emphasis on LGBT protections will shape its EEOCfuture en­­force­­ment and litigation against private employers, especially in states that don’t protect gender identity or sexual orientation. Expect the EEOC to educate the LGBT community about its recent rulings. Also expect more charges and more vigorous investigations…Make sure your policies are neutral with regard to sexual orientation, gender identity and expression, and prohibit harassment based on sexual preference, gender stereotypes or intolerance.

Federal law doesn’t prohibit discrimination against lesbian, gay, bisexual and transgender (LGBT) workers. Instead, LGBT protections are a varied patchwork of judicial and agency interpretations and state and local laws that make discrimination actionable only under specific circumstances. LGBT workers continue to face employment discrimination with relatively few legal protections.

In response, the EEOC has begun an effort to protect LGBT workers’ rights by broadly interpreting Title VII of the Civil Rights Act of 1964. The EEOC’s newly released Strategic Enforcement Plan for 2013-2016 lists “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as one of its top six national en­­forcement priorities. Expect the EEOC to take significant enforcement actions soon and litigate issues more aggressively.

No national law explicitly bans workplace discrimination based on sexual orientation or gender identity. Title VII’s language only protects individuals on the basis of “race, color, religion, sex, or natural origin.” LGBT advocates have tried to amend Title VII to add sexual orientation, expression and identity, but have consistently failed.

For more:  http://www.businessmanagementdaily.com/35121/eeoc-steps-up-efforts-to-protect-against-lgbt-bias-harassment

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by | April 14, 2013 · 6:56 am

Hospitality Industry Employment Risks: North Carolina Restaurant Franchisee Faces “Civil Contempt” Charges For Breach Of EEOC “Sexual Harassment Lawsuit” Settlement

“…an 18-year-old female employee was being sexually harassed by a male coworker who talked to her about his sex life in addition to making EEOCsexual gestures toward her…the suit goes on to claim that the female worker was fired after police went to the restaurant to investigate her complaint…The decree required the company to pay $17,500 in relief to the female employee in addition to establishing or enforcing policies against sexual discrimination and retaliation for reporting sexual harassment…”

A franchisee operating the Dairy Queen restaurant in Winston-Salem’s Hanes Mall is being held in civil contempt by a federal judge because it breached terms of an agreement resolving a sexual harassment lawsuit, according to the Winston-Salem Journal. In December 2011, the agency filed a lawsuit against YS&J Enterprises Inc. in U.S. District Court for the Middle District of North Carolina.

Back pay and monetary damages were sought in the suit.

According to the Journal, the company entered into a consent degree with the EEOC, which was signed by Judge James Beaty in October.

For more:  http://myfox8.com/2013/04/13/dairy-queen-at-hanes-mall-held-in-contempt-over-harassment-suit/

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by | April 9, 2013 · 6:37 am

Hospitality Industry Health Solutions: Hotel And Restaurant Kitchen Cleanliness Reflects Employees’ “Commitment To Businesses’ Success”

“…the cleanliness of a kitchen is an indicator of workplace culture and the commitment of your employees to contribute to enterprise success Hospitality Industry Kitchen Cleanlinessand value. If you see it getting  messy, you may have underlying problems that need to be addressed immediately…if (employees) are not washing the kitchen in the workplace, it means that they see  themselves more as renters than as owners. It means that they feel transitory,  that they’re passing through. They don’t have a real psychological contract with  the company, space, workplace. That’s a problem.”
So stop what you’re doing and deal with the problem…”

One of the best ways to predict the quality of meals and service at a  restaurant is to examine the restroom. Restrooms — including toilets, tiles and washbasins — are among the  easiest rooms to clean. If a restaurant staff can’t keep the restroom clean,  then you can be sure that the kitchen will be worse. It doesn’t matter if it’s a  fancy, upscale restaurant or simple diner.

Messy kitchens tend to breed foodborne pathogens, poor quality food and  indifference to customers. Conversely, clean kitchens reflect healthiness,  passion for quality and desire to delight customers. That’s why the world’s best  kitchen staffs — even many quick-serve restaurants — consider organization and  technique the foundation of everything else.

Read more: http://www.mediapost.com/publications/article/197645/what-workplace-kitchens-say-about-the-health-of-yo.html#ixzz2PyRj0cDc

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by | April 3, 2013 · 5:34 am

Hospitality Industry Employment Risks: Wisconsin Restaurant Servers File “Wage Violation Class-Action Lawsuit”; Claims Owners “Transferred Cost Of Doing Business” To Workers

“…the complaint says servers were forced to pay for their uniforms, aprons, hot pads to serve fajitas, order pads and name tags — and that’s not Hospitality Industry Wage Violation Lawsuitsall…anytime a customer walked out without paying the bill, the servers had to pay. Anytime a customer said, this is not what I ordered, food or alcohol drink, the server had to pay for that…the owners were essentially transferring the cost of doing business on to the servers, who were only being paid $2.33 an hour…”

A group of servers at La Fuente restaurant have filed a class action lawsuit against the restaurant — saying they are sick of footing the bill for food sent back to the kitchen. The claim says servers were expected to work and not get paid — and that they were stuck with the bill when customers would skip out. Larry Johnson is a labor attorney representing servers at two La Fuente locations. Johnson says it was written policy to have the servers start shifts early and prepare the restaurant, but they weren’t allowed to clock in until customers arrived, and so now, a server has served the owners with a class action lawsuit.

“Setting up tables, putting rolling silverware, filling salt shakers, working, making coffee, all that kind of stuff to get the restaurant ready,” Johnson said.

The suit now requests those unpaid wages and if they win the case, the court could double it, along with attorneys fees. Johnson says it is too early to know how much money that could be, but he says it’s the price companies pay when they don’t follow the law.

For more:  http://fox6now.com/2013/04/02/group-of-la-fuente-servers-file-class-action-suit-against-owners/

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by | April 1, 2013 · 1:02 am

Hospitality Industry Legal Risks: Arizona Restaurant Settles “Disability Discrimination Lawsuit” For $65,000; Server With Traumatic Brain Injury Was Fired By New Manager

“…(the plaintiff) worked tirelessly to be a good server after suffering a traumatic brain injury. The ADA prohibits EEOCemployers like Outback from firing individuals like John who add so much to the workplace…”

Outback Steakhouse will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC’s lawsuit, EEOC v. OSI Restaurant Partners, LLC d/b/a Outback Steakhouse and OS Restaurant Services, Inc., Civil Action No. 2:11-cv-01754-NVW, charged Outback with firing server John Woods days after a new manager took over at Outback’s Phoenix Metrocenter location. According to the EEOC’s suit, John Woods had worked successfully under Outback’s prior manager, but a new manager terminated Woods because of his disability, traumatic brain injury.

Disability discrimination violates the Americans with Disabilities Act (ADA). The EEOC filed suit in U.S. District Court of Arizona after first attempting to reach a pre-litigation settlement through its conciliation process.

After the court denied Outback’s motion for summary judgment, Outback agreed to a 24-month consent decree that requires the company to pay Woods $65,000; revise its policies concerning disability discrimination; train its Arizona managers on the laws prohibiting disability discrimination; and post notices in Arizona Outback Steakhouses regarding employees’ rights under the ADA.

“Managers cannot fire employees because of their mistaken beliefs about what individuals with disabilities can accomplish,” EEOC Phoenix District Director Rayford Irvin said. “We are pleased with the resolution of this case, and we are hopeful that this agreement will help prevent discrimination in the workplace going forward.”

For more:  http://www.natlawreview.com/article/outback-steakhouse-to-pay-65000-to-settle-eeoc-disability-discrimination-lawsuit

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