Hotel & Motel Management - October 6, 2008 - (Page 8)

8 Legally Speaking sistance of a state agency. The agency sent test couples to determine if the service provided varied because of race. Some discriminatory differences were found. The plaintiffs sued the hotel for violation of state and federal civil rights laws, which bar unequal treatment based on race, color, religion, national origin, gender, disability, marital status and, in some locales, sexual orientation—known collectively as “protected classes.” We probably all agree: It’s not looking good for the inn. Fortunately for the hotel, the due process clause of the U.S. Constitution requires courts to hear both sides of a dispute. As legendary radio commentator Paul Harvey would say, “And now—the rest of the story.” While the plaintiffs made numerous visits to the inn, they did not once make an appointment or even call ahead. They came during lunchtime or on weekends, when stafﬁng levels were low. Although the wedding coordinator was unavailable, the couple met with other employees in the catering and sales departments. The interactions were admittedly “pleasant.” The plaintiffs were given a tour of the hotel and information about the facilities and menu options and were also given two 10-day holds for their wedding date. H&MM October 6, 2008 | HotelMotel.com www.HotelMotel.com/digital_edition Racial discrimination or just bad service? IN THE details Actions speak volumes Two sides to every story Behavior signiﬁcant to guests Good service never fails By Karen Morris H&MM Columnist L ove does not always conquer all. So learned a bride and groom in a recent case that highlights two familiar but important truisms worth a refresher: 1) Always, there are at least two sides to every story; and 2) Never overlook the importance of providing attentive service to all. A betrothed black couple dreamed of holding their wedding reception at a Michigan Crowne Plaza hotel. They visited the facility ﬁve times, but the wedding coordinator was never available. They were repeatedly told she would contact them, but they received only one call, which came while they were on vacation, so the three never connected. The betrotheds perceived discrimination from these facts, bristled and enlisted the as- Additionally, during the same time period, the hotel was undergoing an operational transition. The corporate owner terminated its relationship with Intercontinental Hotels Group, which owns the Crowne Plaza name, and began operating as Kensington Court. The wedding coordinator, who had the sole authority to sign contracts for wedding receptions, resigned. The special events coordinator was on vacation and did not return until two weeks later. Upon her arrival, she was “swamped” with backlogged work for existing event reservations. While there were discrepancies in the treatment of the test couples, the differences were, in the court’s words, “trivial.” They involved such amenities as being offered coffee and being notiﬁed of a $12,000 minimum bill to schedule a reception. Sometimes the favored couple was white and sometimes it was black. The court found it signiﬁcant that the couple offered coffee had a morning meeting; the couple not offered the beverage came in the afternoon. Concerning illegal discrimination, there are two distinct circumstances that give rise to lawsuits. One is unequal treatment in employment (hiring, ﬁring, promotions, access to training opportunities, hostile environment, etc.) and the other is access to places of public accommodation, including hotels and restaurants. For both types of discrimination, a legal formula applies. First, plaintiffs must establish that they were victims of discrimination because they are within a protected class. The defendant then must be given an opportunity to articulate a legitimate, non-discriminatory reason explaining the challenged action (for example, a person from France is ejected from your bar because he is intoxicated, loud and bothering guests, not because of his country of origin). In response, the plaintiff has an opportunity to prove the justiﬁcation offered by the defendant is a pretext for discrimination. In this case, the plaintiffs’ race was a protected class. They were denied the opportunity to rent the hotel’s ballroom for their reception. But they could not convince the court that racial discrimination was the reason for the hotel’s dilatory service. Therefore, the court dismissed the case. Even if the plaintiff had been able to prove illegal treatment, the hotel had a legitimate nondiscriminatory reason for the occurrences. The hotel’s change in ownership, the resignation of the wedding coordinator and the vacation of the events coordinator all conspired to slow the contracting process. We all view events through a prism that contains the sum total of our life experiences. People who have, sadly, been repeatedly slighted because of race or some other protected trait, may understandably perceive discriminatory motives even where they do not exist. The case with the bride and groom holds that an unintentional discourtesy does not make a federal case. But importantly, the facts serve as a reminder that, in our service industry, our every action is registered by our guests as signiﬁcant and meaningful. Happily, some lawsuits can be avoided just by good, conscientious service. hmm@questex.com Karen Morris is a lawyer, municipal judge and distinguished professor at Monroe Community College in Rochester, N.Y., where she teaches hospitality law. Contact her at kmorris222@yahoo.com. Marketing Matters Industry’s hospitable spirit should reach out to others IN THE details Many ways to volunteer Network while helping Mentor young people “Virtual” volunteering By Jason Smith H&MM Columnist V olunteering and the hospitality industry long have enjoyed a special relationship, one that has strengthened recently with the growth of “voluntourism,” the trend among travelers to volunteer during their vacations. We often laud our guests for “doing the right thing” while visiting our cities. However, keep in mind that those of us in the hospitality industry are also naturally inclined to volunteer—from pitching in after hurricanes to giving time within our own communities to raise funds for local causes. In fact, one in four Amer- icans age 16 or older volunteered last year, totaling over 60 million people doing unpaid work for a non-proﬁt organization, according to the Corporation for National and Community Service. Anecdotally, I’d venture to guess the numbers are even higher within our own industry. And why not? Volunteering is a natural extension of our willingness to help, to reach out to others and to leverage our hospitable spirit. And we all know the beneﬁts of volunteering, both on a personal level and on a professional level. Personally, giving back to the community gives us the satisfaction of being a part of something larger than ourselves. It also allows us to have a positive effect on someone else’s life or career path. Professionally, volunteering is a great way to network, learn or develop new skills and communicate to others that you are ambitious, enthusiastic and care about the community. Studies also show that morale soars when employees are given the opportunity and the time to volunteer within the community. That is something that is always important in any organization. So, as we bring the next generation of hospitality professionals into our industry, it’s important to keep in mind additional ways that we can all give back: Volunteer within your local HSMAI chapter. This could be by serving on a See Volunteerism | page 16 http://www.HotelMotel.com http://www.HotelMotel.com/digital_edition

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Hotel & Motel Management - October 6, 2008

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