An employee comes to you and says they need a stool to sit on while they do their job. You immediately think – “We don’t have stools for employees to sit on. That is a standing position.” But….is that the correct response? What should you do?
It is a common scenario that I frequently see in my HR career supporting the hospitality industry. The Americans with Disabilities Act (ADA) has been in effect for nearly 35 years, yet many employers still struggle with accommodating disabilities in the workplace.
A recent lawsuit filed by the EEOC against TNNY Hotel, LLC, and other entities operating The Ned NoMad hotel in Manhattan highlights a common yet critical issue: the denial of reasonable accommodations due to outdated stereotypes or concerns about guest service aesthetics.
The Case at Hand
The lawsuit centers on an employee whose knee condition limited her ability to stand or walk for more than 30 minutes at a time. Despite being fully capable of performing her duties as a host, including walking guests to their destinations, she required the use of a stool while stationed at the host stand. The hotel refused to accommodate this request and subsequently terminated her employment. The EEOC’s response was clear: denying a reasonable accommodation based on stereotypes or fear is both illegal and unethical.
Overcoming Misconceptions: Aesthetic vs. Legal Obligations
For hoteliers and General Managers, balancing guest expectations with employee rights can be challenging, but the law is clear: employees with disabilities are entitled to reasonable accommodations unless it causes undue hardship. Often, these accommodations are simple and inexpensive—a stool, for example. Concerns that such accommodations might detract from the guest experience or set a precedent for others are common but misguided.
The ADA requires accommodations to be evaluated on a case-by-case basis, considering the specific needs of the employee and the nature of the work environment. A stool at a host stand is a textbook example of a reasonable accommodation that does not compromise operations or aesthetics. The recent case against The Ned NoMad serves as a reminder that legal obligations and employee rights must take precedence over aesthetic concerns. Each situation is unique, and engaging in an interactive process with the employee is key to determining a reasonable and necessary accommodation.
Best Practices for Handling Accommodation Requests
To avoid the pitfalls seen in the recent lawsuit, here are some best practices for handling disability accommodation requests in a hotel setting:
- Engage in an Interactive Process: Always have a conversation with the employee to understand their needs and explore potential accommodations. Document this process thoroughly.
- Consider the Accommodation’s Impact: Assess whether the requested accommodation would cause undue hardship to the business. Remember, most accommodations, like providing a stool, are low-cost and do not disrupt operations.
- Avoid Stereotypes and Assumptions: Decisions should be based on facts and the law, not on assumptions about how an accommodation might appear to guests or other employees.
- Train Your Management Team: Ensure that all managers and supervisors are trained on ADA requirements and the importance of accommodating employees with disabilities.
- Document Everything: Keep detailed records of all requests, the interactive process, and the accommodations provided (or reasons for denial).
The hospitality industry is all about service, and that includes serving the needs of your employees as well as your guests. By addressing disability accommodations thoughtfully and proactively, hoteliers can avoid legal troubles and create a more equitable environment for all employees.
