disability discrimination occur in the hospitality sector
The hospitality industry has a duty to make reasonable adjustments to their services and premises that alleviate any adverse effects that people with disabilities may experience. This is known as the ‘anticipatory’ duty, which means that businesses must anticipate how a disabled person will access their service or business and act accordingly in advance to prevent discrimination.
Often, this involves making changes to physical structures. However, it can also involve introducing policies and procedures, allowing for alternative working practices, training staff, or modifying recruitment processes. If an employer fails to make a reasonable adjustment to the effect that it has on disabled employees, they could be committing disability discrimination.
One example of this occurred in 2022 when the Library Hotel in New York City settled a lawsuit for allegedly refusing to allow an employee with rheumatoid arthritis to periodically sit at a stool while she worked at the front desk and limit extended walking as a reasonable accommodation for her condition. The company claimed that the request constituted undue hardship and was not reasonable. The court ruled against the hotel.
Can disability discrimination occur in the hospitality sector?
It can be unlawful for a business to treat someone unfavourably because of something connected with their disability. It is particularly important for hotels to make sure that their services are accessible to people with disabilities, as this can be a key reason for disabled travel. However, it can sometimes be difficult for hotels to know how to accommodate their guests. This is because the needs of people with disabilities change, or are impacted, by flare ups of their disability. These can include periods where they have more symptoms and other times where they have less.
The experience of staying in hotels can be a stressful and even traumatic experience for disabled travellers. In some cases, this can be caused by the inability to book rooms that are wheelchair accessible and have the correct amenities for disabled customers. For others, the inaccessible hotel can be a source of anxiety and even distress.
People with disabilities can be excellent and loyal employees and it has been shown that they have lower rates of absenteeism than their non-disabled colleagues. Additionally, including employees with disabilities can highlight a hospitality business’s commitment to social inclusion and can increase customer satisfaction levels. Discrimination can occur in many different forms and it is crucial for people with disabilities to understand their rights in the workplace. If you think that you have been discriminated against, it is worth speaking to a qualified Disability Claim Lawyer.
To be a Lead Counsel Verified New York disability claim lawyer attorney, lawyers must meet stringent qualification requirements and have a proven record of success for their clients. To verify the credentials of a lawyer, Lead Counsel independently interviews attorneys, checks their records and ensures they are in good standing with their bar association. Only the most experienced, successful and highly rated New York disability discrimination attorneys are eligible to be Lead Counsel.
