Tag Archives: Harassment

January 9, 2013 · 7:34 am

Hospitality Industry Employment Risks: Maryland Restaurant Settles EEOC “Disability Discrimination And Retaliation Lawsuit” For $47,000; Deaf Prep Cook Was Harassed And Mocked

“…(the plaintiff) was harassed by a former management official because of his disability, through mockery (e.g. being called “vermin” instead of “Vernon”), and through threatening physical conduct…(his) prep cook EEOCduties were removed and that he was transferred to a dishwasher position because of his disability….In addition to the $47,814 in monetary relief to Davis, the two-year consent decree resolving the lawsuit enjoins McCormick and Schmick’s from violating the ADA, including with regard to harassment and retaliation…”

McCormick & Schmick’s Seafood Restaurant, Inc. will pay $47,814 and provide other relief to settle a disability discrimination and retaliation lawsuit filed by the U.S Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s suit, Vernon Davis, who has been deaf since childhood and uses American Sign Language and reads lips to communicate, satisfactorily performed his duties as a prep cook at the McCormick & Schmick’s National Harbor restaurant in Oxon Hill, Md. Prior to being hired by the defendant, Davis had obtained culinary training and had worked in several other restaurants.

After Davis and others complained about Davis being subjected to disability discrimination, the restaurant demoted him to a janitorial-type position and cut his hours because of his disability and in retaliation for the complaints, the EEOC charged. Four months later, McCormick and Schmick’s unlawfully fired Davis because of his disability and in retaliation for his complaints, the EEOC alleged in its lawsuit filed in U.S. District Court for the District of Maryland, Southern Division, Civil Action No. 8:11-cv-02695.

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August 14, 2012 · 6:21 am

Hospitality Industry Employment Risks: California Hotel Sued By Former Hostess For “Harassment And Religious Discrimination”

“…Boudlal alleges in a lawsuit filed Monday, that her co-workers began taunting her, calling the Moroccan-born Muslim a “terrorist,” a “camel” and someone who learned how to make bombs at her mosque. She complained to her managers verbally and in writing, she said, with no results…”

Imane Boudlal is suing Walt Disney Corp. in federal court, saying that she was discriminated against and harassed for her religious beliefs. She also alleges that she unfairly lost her job in 2010 after refusing to remove her head scarf at work.

“It’s been hard,” Boudlal said in an interview. “I thought it was just a matter of complaining and a few days, and it wouldn’t affect my life, but it turns out … nothing has been done.”

The lawsuit charges that Boudlal, who is a naturalized U.S. citizen, decided to wear her hijab full time in 2010, about eight months after she began wearing it publicly. She contacted her supervisors at Disneyland to request an exemption to the company’s “look” policy — general appearance guidelines that, according to a Disney website, touch on items ranging from contact lens color and visible tattoos to personal hygiene.

For more:  http://www.latimes.com/news/local/la-me-disney-muslim-lawsuit-20120814,0,2971071.story

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July 7, 2012 · 6:59 am

Hospitality Industry Legal Risks: Washington Hotel Owners Agree To Pay $365,000 To Settle EEOC Harassment Lawsuit

Among other incidents cited in the EEOC statement, the general manager threw a stapler at one employee, and told another she was nothing but a welfare mother and should abort her pregnancy.

Two hotel groups have agreed to pay $365,000 to settle a harassment lawsuit brought by the federal Equal Employment Opportunity Commission in connection with the alleged actions of a general manager who worked for two hotels in the state of Washington.

According to a statement issued by the EEOC on Thursday, the unidentified general manager of the Best Western Evergreen Inn in Federal Way, Wash., and the Best Western Tacoma Dome in Tacoma, Wash., “persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of the federal law.” Court papers identify the general manager as Syed Ahmed.

The EEOC said female employees were subjected to the constant use of racial slurs and derogatory sex-based and racial comments.

For more:  http://www.businessinsurance.com/article/20120706/NEWS07/120709937?tags=%7C70%7C75%7C303

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October 1, 2011 · 5:33 pm

Hospitality Industry Employee Risks: Nevada Hotel Sued By Federal Government For “Racial Harassment”

“…Federal officials say hotel managers were first told in 2006 that several Hispanic room attendants had been subject to the comments referencing their ethnicity and skin color. The comments came from coworkers and supervisors. Some of the comments were profane…and derogatory names such as “taco bell” and “bean burrito.”

The U.S. Equal Employment Opportunity Commission announced Friday that it had filed a lawsuit against the Pioneer Hotel in Laughlin, Nev. for ignoring the alleged harassment.

The hotel allegedly didn’t take action to prevent or correct the harassment in violation of the federal Civil Rights Act. Federal officials say some Nevada casinos seem to be retaliating against employees who complain about hostile work environment.

http://www.washingtonpost.com/national/feds-sue-nevada-hotel-for-not-protecting-hispanic-employees-from-harassment/2011/09/30/gIQA5ZYABL_story.html

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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#

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April 9, 2010 · 6:48 am

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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April 6, 2010 · 10:12 am

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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