Protecting Against Discrimination Claims When Dealing with a Diverse Workforce

By Andrew Glincher Office Managing Partner, Nixon Peabody LLP | October 28, 2008

There is no industry in which these questions create more of a real-world challenge than the hospitality industry. With many layers of employees - ranging from management to entertainers to housekeeping and maintenance staff, whose formal education may differ and who may be relatively new to this country - the hotel industry has a very diverse personnel structure.

While certainly yielding many benefits, this diversity of culture and background can present significant challenges when it comes to labor and employment issues. It can also expose management to a far greater number of employment-related disputes than may be found in many other industries, making it particularly important for hotel owners and operators to take steps to ensure they are doing everything possible to comply with labor and employment laws and to create a harmonious and productive working environment that will have the side benefit of mitigating the potential for claims and lawsuits from issues such as gender or racial discrimination and sexual and racial harassment.

Over the years, employee manuals have become commonplace in the corporate world. It is essential that hotel management have appropriate posters and have such a manual and ensures distribution to all employees and managers. The manual must include the company's policies with respect to and prohibiting harassment and discrimination, and state the company's practices and procedures for reporting and for investigating and dealing with complaints of inappropriate workplace behavior. In addition, a series of training sessions, repeated annually, for all employees, from the most senior to the most junior, can be extremely helpful and assists in raising awareness of inappropriate behavior . Having a professional meet with and interact with all level of staff can highlight potential problem areas before they flare up, make management and other employees aware of their responsibilities, and give problem employees one-on-one guidance on what they can and cannot do. Not only do employee manuals and follow-up training make policies clear, but, in the event that a complaint is lodged against the company, it is clear that the employer has made a good faith effort to prevent illegal and inappropriate behavior.

Hotel owners and operators should also consider conducting periodic diversity audits as part of a comprehensive program.

Typically performed by outside professionals, diversity audits provide an excellent tool for identifying potential trouble spots within a diverse workplace. Not only do such audits yield valuable information about gaps in a company's labor and employment practices, they also can offer a roadmap for improving the environment. If a claim is filed against the company, such proactive efforts can also be a key element of a defense - providing additional evidence of the company's good faith efforts to ensure diversity.

Significantly, we have also found that setting up tiered dispute resolution systems can be an important tool in resolving workplace issues and avoiding litigation. With such a system, built into the organization, there would be a policy that enables any employee with a harassment or discrimination complaint to have such complaint heard internally by a superior. If that initial attempt does not resolve the problem, the complaint would move to a second stage of dispute resolution where the complaint would be heard by another hotel official. Our experience has been that, even though many complaints are serious, they can be resolved if the parties are required to talk about them, and if there are structures in place with experienced people to carry out the process. It is likely that the workplace will improve materially, that it will be known that there is a safe place to bring problems, and that, by having a place to talk, real issues will be brought into the open and therefore be capable of resolution.

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Coming up in June 2019...

Sales & Marketing: Selling Experiences

There are innumerable strategies that Hotel Sales and Marketing Directors employ to find, engage and entice guests to their property, and those strategies are constantly evolving. A breakthrough technology, pioneering platform, or even a simple algorithm update can cause new trends to emerge and upend the best laid plans. Sales and marketing departments must remain agile so they can adapt to the ever changing digital landscape. As an example, the popularity of virtual reality is on the rise, as 360 interactive technologies become more mainstream. Chatbots and artificial intelligence are also poised to become the next big things, as they take guest personalization to a whole new level. But one sales and marketing trend that is currently resulting in major benefits for hotels is experiential marketing - the effort to deliver an experience to potential guests. Mainly this is accomplished through the creative use of video and images, and by utilizing what has become known as User Generated Content. By sharing actual personal content (videos and pictures) from satisfied guests who have experienced the delights of a property, prospective guests can more easily imagine themselves having the same experience. Similarly, Hotel Generated Content is equally important. Hotels are more than beds and effective video presentations can tell a compelling story - a story about what makes the hotel appealing and unique. A video walk-through of rooms is essential, as are video tours in different areas of a hotel. The goal is to highlight what makes the property exceptional, but also to show real people having real fun - an experience that prospective guests can have too. The June Hotel Business Review will report on some of these issues and strategies, and examine how some sales and marketing professionals are integrating them into their operations.