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The Hospitality Manager’s Legal Challenges

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Presentation on theme: "The Hospitality Manager’s Legal Challenges"— Presentation transcript:

1 The Hospitality Manager’s Legal Challenges
CHAPTER 2 The Hospitality Manager’s Legal Challenges Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

2 - Herman Cain, Former CEO and President
INTRODUCTION I can still remember the separate water fountains and segregated buses as a young boy growing up in Atlanta in the 1950’s…The Civil Rights Act of 1964 was enacted to end this discrimination and begin to restore the full rights of citizenship for all Americans. - Herman Cain, Former CEO and President The National Restaurant Association Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

3 TALES FROM THE FIELD Who owns your recipes?
How can an employee learn about his or her options if a manager or an owner refuses to release the employee’s final pay check? When are your recipes yours, and when may ownership have to be shared? Will this action on the part of this owner effect the operation’s reputation as a good place to work? Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

4 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
CHAPTER OVERVIEW Employment law and the EEOC Title VII of the 1964 Civil Rights Act The ADA Age Discrimination in Employment Act Immigration Reform and Control Act Equal Pay Act Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

5 Title VII 1964 Civil Rights Act
Prohibits employment discrimination based upon the following: Sex Race Color Religion National Origin Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

6 EMPLOYMENT-RELATED MATTERS
Examples include: Creating job descriptions Placing help-wanted ads Conducting job interviews Giving pay raises Awarding promotions Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

7 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
EEOC HAS JURISDICTION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Federal agency created to provide oversight and coordination of Title VII as well as other federal equal employment opportunity laws. Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

8 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
SEXUAL HARASSMENT A form of sex discrimination and therefore illegal under Title VII. Unwelcome sexual advances Requests for sexual favors Verbal or physical conduct of a sexual nature Activities that create an intimidating, hostile, or offensive working environment Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

9 TYPES OF SEXUAL HARASSMENT
Harassment can be male-female, or same sex Quid Pro Quo – When a manager harasses a subordinate Hostile Environment Harassment - Co-worker, or even a guest can be the harasser Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

10 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
MANAGEMENT MUST… Create a well-written policy Provide thorough and ongoing training Ask employees to sign the policy Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

11 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
STATE AND LOCAL LAWS Could be more strict than Title VII and could include more protected classes. When this is the case, the stricter law must be followed… Marital status Disability status Sexual orientation Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

12 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
BFOQ Bona Fide Occupational Qualification Employers may claim BFOQ if hiring someone of a particular sex or age is a genuine business necessity. BFOQ is not a valid argument for race discrimination. Hooter’s Restaurant chain settled a $3.75 million dollar lawsuit when sued for sex discrimination. Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

13 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
ADA The Americans with Disabilities Act Title I of the ADA covers areas of employment discrimination EEOC has jurisdiction over Title I of the ADA Illegal to discriminate against disabled individuals Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

14 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
DEFINE “DISABLED” A disabled individual is someone who has a physical or mental impairment that substantially limits one or more major life activities: People who use wheelchairs or walkers; people who are speech, vision, or hearing-impaired; people with mental retardation or emotional illness; people with heart disease, cancer, diabetes, or AIDS; people with drug or alcohol problems who are in supervised rehab… Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

15 REASONABLE ACCOMMODATION
An employer may have to provide a reasonable accommodation that would allow a disabled applicant or employee to perform his major job functions. Examples include: Minor changes in work duties, procedures, or schedules Work areas or equipment may have to be modified Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

16 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
UNDUE HARDSHIP CLAIM Employer may claim undue financial hardship EEOC usually decides in these matters Most reasonable accommodations cost less than $50, according to the EEOC Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

17 AGE DISCRIMINATION IN EMPLOYMENT
Law passed in 1967 Prohibits illegal discrimination against people over 40 Eliminated rules requiring mandatory retirement age in many industries EEOC has jurisdiction Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

18 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
EQUAL PAY ACT Law passed in 1963 Equal wages for equal work Jobs are “equal” when they require the same skill, effort, responsibility, and working conditions Pay differences based upon seniority or upon a valid merit system are allowed EEOC has oversight Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

19 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
IRCA Immigration Reform and Control Act Requires employers to complete the FORM I-9 Current law is under scrutiny and debate in Washington, D.C. Many see law as ineffective and are seeking changes Law passed in 1986 Intent to control illegal immigration $10,000 fine for knowingly hiring illegal immigrants Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved

20 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved
SUMMARY Title VII of the 1964 Civil Rights Act Bona Fide Occupational Qualification Sexual Harassment Americans With Disabilities Act Age Discrimination in Employment Act Equal Pay Act Immigration Reform and Control Act FORM I-9 Copyright © 2008 by John Wiley & Sons, Inc. All rights reserved


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