Tag Archives: Legal Risks

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

Hospitality Industry Legal Risks: Texas Restaurant Sued For “Negligence” After Patron Drinks Beer Containing “Lye-Like Cleaning Agent”; Seeks $100,000 For Medical Costs And Damages

“…the restaurant had used the lye-like cleaning agent to disinfect the Budweiser keg that morning but had failed to properly rinse the container Hospitality Industry Injury Lawsuitsbefore refilling it with the beer (the plaintiff) would later drink…he is seeking between $50,000 and $100,000 from Red Lobster and the company that cleaned the Dallas location’s beer tap system to cover medical expenses and compensate for his physical pain…”

Though it’s an isolated incident, a man from Panama City, Fla., claims he was on the receiving end of Red Lobster’s worst nightmare when he was scorched with potassium hydroxide — lye — from a Budweiser he drank during a business lunch in Dallas earlier this month. According to The Dallas Observer, Justin Grogg took a sip of his beer and immediately felt his throat, esophagus and stomach starting to burn.

According to Grogg’s lawsuit, he got the attention of the restaurant’s manager, who told him to “drink water and go to the hospital.” The complaint alleges the manager knew that the beer tap system had been cleaned that morning with potassium hydroxide, which is caustic and can cause severe bodily harm if swallowed.

Doctors treated Grogg quickly, but he still experienced “severe pain” and was told he could develop “esophageal strictures, esophageal reflux changes, and/or pharyngeal infection in the future as a result of the ingestion of the potassium hydroxide.”

For more:  http://money.msn.com/now/post.aspx?post=1eb6230e-9215-4124-bd5f-5c9eb5ff49ce

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Filed under Food Illnesses, Guest Issues, Injuries, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Pennsylvania Restaurant Settles “Excessive Alcohol Lawsuit” For $8.9 Million; Staff To Complete “Responsible Alcohol Management Training” And Establish “Designated Driver Program”

“…(the drunk driver) consumed at least six liters of beer and several  shots of liquor over a period of about 41/2 hours…(he) vomited on a table and was  escorted out of the bar by security. He was allowed to leave, walked to his car  and crashed a short time later…his Hospitality Industry Excessive Alcohol Lawsuitsblood-alcohol level an hour after the crash was 0.219, more than twice  the legal limit…”

  • The restaurant’s staff, including managers, servers, bartenders and security, to be certified  in Responsible Alcohol Management training through an approved Pennsylvania  Liquor Control Board trainer.
  • Responsibility for identifying intoxicated guests will be included in job  descriptions for security personnel. In addition, the restaurant will establish  guidelines for responsible alcohol service and disseminate those to  employees.
  • It will use a new point-of-sales system to provide individual checks so they  know how much alcohol each customer is getting.
  • It also will provide water to  guests to slow alcohol consumption; will establish a designated driver program  providing complimentary non-alcohol beverages and will provide free light food  for guests who appear to be intoxicated.

The family of a 7-year-old girl who was killed by a drunken driver in 2010  after he left the Hofbrauhaus restaurant on the South Side on Tuesday reached a  $15.6 million settlement with the company. In addition to the financial payout, the German-style facility has agreed to  a number of changes in its protocol to try to reduce customer intoxication and  drunken driving.

Lexa Cleland, who was asleep in the back seat as her mother drove to pick up  her husband, Mark, from work the night of Dec. 4, 2010, was killed instantly  when her mother’s Toyota Camry was struck by a Ford Mustang driven by Travis  Isiminger on East Carson Street on the South Side.

The settlement breakdown pays $8.9 million to Nicole Cleland; $500,000 to  Mark Cleland; $2.1 million to the estate of Lexa Cleland; and just over $4  million to their attorneys, Goodrich & Associates, for costs and fees.

The lawsuit was filed against Hofbrauhaus and Isiminger, whose insurance will  be responsible for paying $100,000 of the settlement.

Read more: http://www.post-gazette.com/stories/local/neighborhoods-city/owners-of-south-sides-hofbrauhaus-settle-in-girls-death-for-156-million-686644/#ixzz2TBFxrkyx

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

Hospitality Industry Legal Risks: Florida Restaurant Settles Justice Department “Disabilities Lawsuit” For $60,000; “Family Was Told To Leave Over Their Children’s Skin Condition”

Hospitality Industry ADA Lawsuits“…according to the lawsuit, Danielle Duford and her children were asked to leave the restaurant after other customers noticed the skin condition of her infant daughter. Three of Duford’s four children have epidermolysis bullosa…”

A restaurant will pay $60,000 after telling a family to leave over their children’s skin condition. As reported by the Associated Press (AP), the U.S. Justice Department announced the settlement Wednesday.

The department filed a lawsuit against the Golden Corral in Westland in February claiming that ejecting the family had been a violation of the Americans with Disabilities Act.

Justice Department civil rights lawyer Eve Hill is quoted by the AP as stating of the settlement, “No one should be excluded from participating in the basic activities of daily living on account of fears of their disability, nor should children be shamed from going out in public… We are confident today’s settlement sends that message.”

For more:  http://www.newyorkinjurynews.com/2013/05/11/Restaurant-to-pay-family-after-ejecting-them-for-kids-skin-condition_201305119426.html

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

Hospitality Industry Legal Risks: New Mexico Restaurant Sued By Family Of Man Killed After “Leaving While Intoxicated”; Lawsuit Claims Corporate Policy Of “Driving Up Liquor Sales”

“…The lawsuit says the restaurant’s employees shouldn’t have served Varela the 20-ounce “Brewtus” beers and should have Alcohol Drink Responsiblystopped him from leaving while intoxicated…It also accused Applebee’s corporate leadership of encouraging its restaurants to drive up liquor sales, especially late at night, a policy it says “created a dangerous situation…”

The estate of a man who was struck and killed by a truck filed a lawsuit against the Taos restaurant that served him several 20-ounce beers, saying he was over served before he walked out of the restaurant and into the street where he was killed. The Albuquerque Journal reports Julian Varela, 49, had a blood alcohol level four times the legal limit for driving when he left the Applebee’s Neighborhood Grill and Bar on Dec. 29, 2011.

He was killed by a teen driver who wasn’t cited in the incident. The lawsuit names the 17-year-old as a defendant, saying he was negligent.

An attorney for Varela’s estate wouldn’t say where they got the internal emails and records those accusations are based on. The lawsuit references police reports from 2008 to 2011 that list 90 incidents, and the chain’s own log entries of gunshots, fights, assaults and other incidents at the restaurant.

It seeks punitive and other damages.

For more:  http://www.azcentral.com/news/free/20130501new-mexico-applebees-sued-over-drunk-pedestrians-death.html

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Filed under Guest Issues, Injuries, Liability, Management And Ownership

Hospitality Industry Legal Risks: Ohio Motel Sued For $25,000 By Guest For “Bed Bug” Bites Requiring Medical Treatment; Staff Should Have Recognized Signs Of Infestation

“…in the morning, she claims she had bed bug bites, which were severe enough she required medical treatment. The bugs also reportedly infested the luggage she had with her. When she arrived home, the bed bugs reportedly infested her home…(the Bed Bugs in Hotel Roomsplaintiff) contends the staff should have been trained to recognize the signs of bed bugs, identified the problem, reported it to management and called in proper pest control measures to eradicate the creatures. She also believes she should have been alerted of the unsafe conditions of the room…”

A lawsuit was filed in Columbiana County Common Pleas Court this week seeking damages from bed bugs allegedly discovered last summer by a guest at Barnett’s Motel on U.S. Route 62 west of Salem. Jacki Covert, of Antiock, Ill., claims she rented room 110 on June 24, 2012 and spent a night at the motel.

According to the lawsuit, Hemiptera, which are also known as bed bugs, suck blood and rapidly reproduce. The bugs can be difficult to control, even in the cleanest facilities. The bugs shed their skin as they grow, leaving behind proof of their existence on sheets, pillow cases, couches, chairs, carpets and floors throughout the room.

She is seeking in excess of $25,000 in relief.

For more:  http://www.salemnews.net/page/content.detail/id/565283/Woman-sues-Barnett-s-Motel-over-alleged-bedbug-infestation.html?nav=5061

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Filed under Guest Issues, Health, Liability, Training

Hospitality Industry Legal Risks: Louisiana Hotel Sued By Guest Who Broke His Nose Walking Into A Glass Door; Claims “Unmarked Electric Glass Door Failed To Open Properly”

“…The (hotel) is accused of failing to keep doors properly functioning for its guest, failing to have doors properly marked for its guest, failing to Hospitality Industry Injury Lawsuitsensure the safety of its guest, failing to comply with the legal and contractual obligations for its guest, failing to act in good faith in paying for the losses of its guest and breaching its fiduciary duties and obligations for its guests…”

An Atlanta, Ga. man is suing a local hotel after he broke his nose when he walked face first into a glass door. Timothy Daniel filed a lawsuit against Clarion Inn & Suites, Choice Hotel International Inc. and their insurer in the Orleans Parish Central District Court on Feb. 15.

Daniel claims that while exiting the hotel building, without any warning signs, he walked into an unmarked electric glass door and broke his nose because the door failed to open properly.

The plaintiff is seeking full and just compensation for his losses caused by the injuries.

For more:  http://louisianarecord.com/news/251299-hotel-guest-sues-over-broken-nose-after-walking-into-glass-door

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

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchisee Sued By Manager Who Fractured Ankle After Slipping In Puddle Of Water; Seeking Over $50,000 In Damages

“…The suit alleges that (plaintiff) sustained an ankle fracture that required surgery after she slipped on a puddle of water at the KFC restaurant Hospitality Industry Injury Lawsuitsthat she managed…she sustained the ankle fracture, contusions, abrasions, lacerations and nerve damage, as well as trauma, mental upset, anguish and humiliation…”

A case involving a Philadelphia-area fast food manager who claims she broke her ankle after slipping on a puddle of water at her place of employment may have to proceed in federal, not state court, after defense attorneys filed a motion to transfer the litigation. Nicholas J. Renzi, of Adams Renzi Law in Philadelphia, filed a personal injury complaint at the Philadelphia Court of Common Pleas on April 2 on behalf of his client, city resident Benet Moultrie-Long and her husband, Curtis Long.

On that same day, employees with Temple, Texas-based McLane Foodservice Inc. and McLane Company had delivered frozen items to the fast food restaurant, which is located in Conshohocken, Montgomery County.

This week, attorney Jon Michael Dumont, of the Philadelphia firm Rawle & Henderson, filed a petition with the U.S. District Court in Philadelphia seeking to move the litigation to that venue.

The defense lawyers contend that in reading the plaintiff’s lawsuit, it appears damages would exceed the $50,000 jurisdictional limit at the Court of Common Pleas.

For more:  http://pennrecord.com/news/9790-defense-lawyers-petition-to-remove-kfc-injury-case-to-federal-court

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Filed under Injuries, Insurance, Labor Issues, Liability, Maintenance, Management And Ownership

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

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