The U.S. Equal Employment Opportunity Commission announced that The Ned NoMad, a luxury hotel and members' club in Manhattan, New York, agreed to pay $100,000 to resolve a disability discrimination lawsuit arising under the Americans with Disabilities Act.
The case involved an employee working as a host, who was capable of performing all essential functions of her position; however, she required the use of a stool while working at the host stand because of a knee impairment that limited standing or walking to 30 minutes at a time. Her physician provided medical documentation supporting the accommodation request, but the hotel rejected the request and instead terminated her employment.
The EEOC alleges this refusal to grant a simple accommodation - particularly one that would not interfere with service quality - violated the ADA, which requires employers provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship.
The suit, filed in the Southern District of New York against TNNY Hotel LLC, Ned NY 28th LLC, Soho House & Co Inc., and TNNY Restaurant LLC, followed unsuccessful conciliation efforts.
The consent decree not only provided monetary relief to the former employee but also imposed injunctive requirements designed to prevent future violations.
The decree prohibits The Ned NoMad from denying accommodations based on aesthetic or guest preference concerns; requires revision of its employee handbook to recognize the provision of a stool as a potential reasonable accommodation; and mandates ADA training for managers and employees. In addition, the hotel must report regularly to the EEOC regarding requests for disability accommodations and any related complaints.
The EEOC noted that this lawsuit represents the third recent instance of a New York City hotel violating the ADA by refusing to allow guest-facing employees to use a stool or seat.
The Commission emphasized that denials based on image concerns betray a lack of understanding of employers' obligations under disability law.
Source: https://www.eeoc.gov/newsroom/ned-nomad-pay-100000-eeoc-disability-lawsuit
Commentary
The Americans with Disabilities Act is aimed at leveling the playing field for applicants and employees with disabilities.
An employer that ignores the duty to provide a reasonable accommodation in favor of a certain desired organizational image, guest experience, branding, or aesthetic will risk liability. Such actions are viewed by enforcement agencies as a failure to fulfill employer responsibilities, regardless of the industry's emphasis on service or appearance standards.
In the above case, the employee requested use of a stool. Without engaging in an interactive process, the employer dismissed the request and then retaliated against the employee for asking by terminating her.
When an accommodation is requested, the employer should engage in a documented interactive process to determine an appropriate reasonable accommodation. Managers are responsible for implementing the accommodation and, should the employee need a modification or an additional one, report this to human resources so that the interactive process can continue.
Every accommodation is made on a case-by-case basis, and quite often, the interactive process is not a one-and-done event.
