Stools and Stereotypes: Why Accommodating Disabilities in Hotels is Non-Negotiable

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 I frequently see supporting the hospitality industry in my Human Resources career. Although the Americans with Disabilities Act (ADA) has been in effect for nearly 35 years, 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The Ned NoMad hotel in Manhattan highlights a common yet critical issue: the denial of reasonable accommodations due to outdated stereotypes or concerns about guest service aesthetics.

EEOC Case Study

The lawsuit centers on an employee whose knee condition limited her ability to stand or walk for more than 30 minutes. Despite being fully capable of performing her duties as a host, including walking guests to their destinations, she required 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 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 they cause 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 employee’s specific needs 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 reminds us 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:

1. Engage in an Interactive Process: Always converse with the employee to understand their needs and explore potential accommodations. Document this process thoroughly.
2. 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.
3. 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.
4. Train Your Management Team: Ensure that all managers and supervisors are trained on ADA requirements and the importance of accommodating employees with disabilities.
5. 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 and guests. By addressing disability accommodations thoughtfully and proactively, hoteliers can avoid legal troubles and create a more equitable environment for all employees.

About the author

Chuck is an Expert HR Consultant & Trainer specializing in transformative HR strategies, interim leadership for hospitality, and comprehensive HR audits and policy development. His HR expertise covers the full HR lifecycle including specializing in HR audits for compliance, developing policies and systems for diverse business needs such as Policy Manuals and Employee Handbooks tailored for all states. He is adept in handling sensitive areas like sexual harassment, through training and investigations. As a SHRM Approved Recertification Trainer, Chuck designs and delivers training in HR and Employment Law, Supervisory Skills, and Management Leadership, using platforms like Zoom and Teams for both in-person and virtual sessions. Chuck’s approach is pragmatic, focused on practical solutions and fostering a culture of HR compliance and excellence. He is an active member of Cayuga Hospitality Consultants.