|March 21, 2019 | www.fisherphillips.com|
Newspaper headlines, television airwaves, and social media links are filled with companies dealing with crises on a near-daily basis. Just as Samsung learned in 2016 when its phones were catching on fire, and as United Airlines learned in April when news of the forcible removal of a passenger from one of its aircraft dominated the headlines, a crisis can happen in seconds and spread across the world in minutes. No matter how well you prepare, you could be next. Is your property prepared to handle a crisis?
In recent years, a number of hotels both in the United States and abroad have increasingly outsourced certain departments. Housekeeping, valet parking, and some or all aspects of food service are frequently selected as functions to be transitioned. While there are certain advantages to outsourcing, there are potential downsides to consider as well. Some of the downsides include difficulty to maintain customer service standards, union labor headaches, and the risk that your hotel could be considered a joint employer of the outsourcing company.
Although a discussion of these specific topics and a comprehensive list of all the pros and cons of outsourcing is beyond the scope of this article, there are three recent legal challenges that are ripe for analysis, each involving non-union employers that attempted to outsource some aspect of hotel operations.
As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does this mean for your business?