Tag Archives: Americans with Disabilities Act

Hospitality Industry Legal Update: “DOJ Releases Supplemental Guidance on Service Animals Under the Americans With Disabilities Act”

“Public accommodations and facilities covered by the ADA (including, but not limited to,those noted above) are well-advised to review the new guidance,Seal_of_the_United_States_Department_of_Justice.svg which provides practical insight into these and other thorny issues that frequently arise with regard to service animal access.”

With the 25th anniversary of the Americans with Disabilities Act (“ADA”) just two weeks away, the U.S. Department of Justice (“DOJ”) has released a new technical assistance document addressing frequently asked questions regarding service animals and the ADA.   This additional guidance is intended to be read in conjunction with the DOJ’s previous July 2011 technical assistance on Revised ADA Requirements: Service Animals, which remains in full effect.

The DOJ has stated that this additional guidance is meant to further assist people with disabilities as well as places of public accommodation covered by the ADA – such as retail shops, restaurants, hotels, medical facilities, theaters and event spaces, and other places open to the public – in understanding how the ADA’s service animal provisions apply to them. Among other topics, the additional guidance addresses in detail:

For more: http://bit.ly/1e0XPqP

Leave a comment

Filed under ADA, Hotel Industry, Training

Hospitality Industry Legal Update: “Veteran Says Hotel Dispute Over Service Dog Led to Arrest”

White suffered a traumatic brain injury and spinal wounds while serving with the U.S. Army in Afghanistanservice animal in 2012 when a 200-pound improvised explosive device detonated near his vehicle. The Wyoming, Mich., resident said he has been on anxiety medication and has been helped greatly by Camo.

A bill making its way through the Legislature may prevent situations like the one Monday night in which a young veteran was arrested at a Bonita Springs hotel after he, his family and his service dog were denied lodging.

Jason White, 34, was arrested at the Best Western following a dispute with the hotel manager and staff over his service dog, Camo. He was charged with battery and destruction of property, the Lee County sheriff’s report said, after he kicked and cracked a television and shoved the hotel manager, Vinit “Vinnie” Patel.

For more: http://newspr.es/1Ej6AHZ

And for more on the do’s and don’ts of service animals, check out the video below from Petra’s own P3 Risk Management Team.

Petra Risk Solutions’ Director of Risk Management, Todd Seiders, offers a P3 Hospitality Risk Report – ‘ADA Service Animals: Do’s and Don’ts’. 

P3 (Petra Plus Process) is the Risk Management Division of Petra Risk Solutions – America ’s largest independent insurance brokerage devoted exclusively to the hospitality marketplace.

For more information on Petra and P3 visit petrarisksolutions.com or call 800.466.8951.

Leave a comment

Filed under ADA, Employee Practices, Guest Issues, Hotel Employees, Hotel Industry, Insurance, Management And Ownership, Risk Management, Training

Hospitality Industry Conference Update: “2015 Hospitality Law Conference”

The speakers, panelists, roundtable hosts, and facilitators of the 2015 Hospitality Law Conference represent the full spectrum of key roles in the hospitality industry:hlc2015 Private attorneys, hotel and restaurant corporate counsel, risk managers,finance executives, real estate developers, human resources managers, loss prevention managers, insurance brokers, and hotel and restaurant owners, managers, and operators

Hospitality Insurance and Loss Prevention Summit: The Petra Risk Solutions Hospitality Insurance and Loss Prevention Summit converges insurance, risk, LP, legal and finance to break down the silos of these functional areas. As we do each year, we begin with the top claims that have occurred over the last twelve months and the best practices to prevent them from occurring at your hotel or restaurant. As Worker Compensation Claims are becoming more of a challenge for the industry, we will take a deeper dive into best practices for prevention, claims handling and back to work policies.

For more: http://bit.ly/1zX3RBh

Leave a comment

Filed under Conferences, Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership, Risk Management, Training

Hospitality Industry Management Update: “Here Are The Top 5 Business Risks For 2015”

For businesses, the main cost of a cyber attack involves the impact to their reputation and the resulting financial damages, as well as the loss of customer business. The breaches at Sony, Target, Staples and Home Depotlocks demonstrated the damage that can be caused to corporate reputations. Seventy-one percent of customers indicated they would leave an organization following a data breach according to the Edelman Privacy Risk Index

The globalization of today’s economy means that businesses are more interconnected than ever, creating a greater risk of business interruption, supply chain disruption, and exposures that can quickly multiply.

According to UNCTAD, over the last 50 years the number of multinational companies has grown exponentially from 7,000 to almost 104,000, and could reach more than 140,000 by 2020.

The Allianz Risk Barometer 2015 surveyed more than 500 risk managers and corporate insurance experts in 47 countries to identify the primary challenges facing businesses this year. Some risks such as political upheaval, cybercrime and business interruption were viewed as a greater risk, while natural catastrophes, technological innovation and market stagnation were viewed as having less of an impact.

Here is a look at the top 5 business risks for 2015 as identified by the Allianz Risk Barometer.

For more: http://bit.ly/1unPPlX

Leave a comment

Filed under Claims, Crime, Guest Issues, Hotel Industry, Insurance, Management And Ownership, Risk Management

Hospitality Industry Technology Update: “Does YOUR Website Have to be Accessible Under the Americans with Disabilities Act?”

Clearly, it has no brick-and-mortar store that we can shop in so the answer should be “no ADA coverage for its website.” That is exactly what happened in its California district court case (Cullen).Handicap-Assessible1-300x225 But, in Massachusetts, the district court case (National Association of the Deaf) went the other way. Law school professors call such cases “outliers,” but in the courtroom today’s outlier sometimes becomes tomorrow’s conventional wisdom.

Is the internet a place of public accommodation: a virtual town hall or a virtual shopping mall or a virtual movie theater? Courts still struggle with that.

Physicalist courts say that the ADA requires a physical location. Ouelette v. Viacom, No. cv 10-133-M-DWM-JCL, 2011 WL 1882780 (D. Mont. March 31, 2011) (no ADA claim re YouTube); Noah v. AOL Time Warner, 261 F. Supp. 2d 532 (E.D. Va. 2003) (same re: chat room); Earll v. eBay, Inc., No. 5:11-cv-00262-JF (HRL), 2011 WL 3955485 (N.D. Cal. Sept. 7, 2011) (same: no ADA claim re eBay); Cullen v. Netflix, Inc., 880 F. Supp. 2d 1017 (N.D. Cal. 2012) (same: no ADA claim re Netflix); Jancik v. Redbox Automated Retail, LLC, No. SACV 13-1387-DOC, 2014 WL 1920751 (C.D. Cal. May 14, 2014) (same: no ADA claim re redboxinstant.com).

Virtualist courts say there are places in the heart and in the mind too. Those courts proclaim that the core meaning of the ADA is that “the owner or operator of a store, hotel, restaurant, dentist’s office, travel agency, theater, Website, or other facility (whether in physical space or in electronic space …) that is open to the public cannot exclude disabled persons from entering the facility and, once in, from using the facility in the same way that the nondisabled do.”

For more: http://bit.ly/1KJS79f

Leave a comment

Filed under Hotel Industry, Management And Ownership, Risk Management, Technology

Hospitality Industry Management Update: “New Year, New Challenges: What Hospitality Employers Need to Know”

As state and federal budget cuts tend to wane, the Department of Labor (DOL) is expected to step up enforcement against hospitality employers in the coming year. restaurant workerBecause the DOL considers the hospitality industry as a “fissured” industry, owners, franchisors, franchisees and management companies should be prepared to deal with inquiries, particularly in the areas of tipped employees and the misclassification of employees.

According the U.S. Bureau of Labor Statistics, the hospitality sector added 321,000 additional jobs in 2014. With all those new employees, as well as the continued addition of jobs we expect to see in coming year, here are our top predictions for labor law issues that will play a vital role in the hospitality industry in 2015.

For more: http://bit.ly/17E9sRJ

Leave a comment

Filed under Employee Benefits, Hotel Employees, Hotel Industry, Hotel Restaurant, Labor Issues, Management And Ownership, Training

Hospitality Industry Management Update: “As Marijuana Becomes Legal in More States, How Should Employers Handle Positive Drug Tests?”

“…Hospitality employers also need to be aware of potential violations of the Americans with Disabilities Act (ADA) associated with medical marijuana.  Employers with facilities in states that allow medical marijuana use may need to provide a reasonable accommodation under the ADA for employees with a valid doctor’s authorization. 042314_acuna_marijuana_640 For instance, the New York statute permitting medical marijuana use automatically classifies every individual who is considered a Certified Patient as disabled.  Therefore, New York employers must engage in an interactive process with the employee to determine whether they need to provide the employee with a reasonable accommodation…”

Due to the ever changing laws surrounding the legality of marijuana, many of our hospitality clients have recently asked us whether it is lawful to terminate an employee who has tested positive for marijuana.  The answer varies greatly depending on the state in which you are located.

States continue to pass legislation legalizing marijuana use for specific purposes.  On July 5, 2014, New York became the twenty-first state along with the District of Columbia to legalize marijuana use for certain medical conditions—joining Alaska, Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.  Two other states, Colorado and Washington, have legalized recreational marijuana use for individuals who are 21 years old or older, and Alaska and Oregon currently have similar legislation pending.

For more: http://bit.ly/1Bek1W8

Leave a comment

Filed under Employee Practices, Hotel Employees, Hotel Industry, Management And Ownership