Delivering Hospitality Employment Law & Safety News to HR Professionals

August 2019's Converge Newsletter
On the Basis of Personal Appearance
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August 15, 2019 via ConvergeBlog

As you know, Title VII of the Civil Rights Act of 1964 (Title VII) is one of the principal federal statutes prohibiting employment discrimination. It prohibits discrimination on the basis of race, color, national origin, religion, and sex (including gender and pregnancy). Other federal statutes that prohibit employment discrimination include Title I and Title V of the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and the Uniformed Services Employment and Reemployment Rights Act (USERRA). But, employers must also be aware of state and local laws that extend protection beyond these federally protected classes. In the District of Columbia, for example, it is a violation of the law to discriminate on the basis of personal appearance, a category of protected class that has caused employers significant confusion with respect to what kinds of dress and grooming policies they may lawfully enforce. So what does personal appearance discrimination mean? And what should employers do to minimize their legal risk and ensure they do not run afoul of such laws?

Conn Maciel Carey's ConvergeBlog
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Five Tips for Hotels to Maintain FLSA Compliance

August 13, 2019 via Lodging Magazine
With clear communication from the top down, FLSA issues can be avoided. While hoteliers should always seek legal council if they have concerns, the following are important elements for hoteliers to consider.
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Developing a New Approach to Harassment Prevention in the Era of #MeToo

July 30, 2019 via ConvergeBlog

...we are focusing too much on what not to do under the law (and what we have to do to have a potential defense to liability), rather than providing employees and their managers with tools on how to create positive work relationships and foster psychological safety in their work groups.
Fisher Phillips
The Hospitality Law Conference: Series
2.0 - Washington DC
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New York Second State to Prohibit Discrimination Based on Hairstyle
July 29, 2019 via Foley & Lardner

Employers with California and/or New York employees should review their handbooks and other policies to ensure they do not have any grooming policies that conflict with the new state laws. In addition, it would be wise to take this opportunity to review employee handbooks generally for employees in all states to ensure that no grooming or dress code policies include restrictions that have a disparate impact on certain races or genders, or prohibit things that could be used as a proxy for race or another protected category.
Conn Maciel Carey
EthicsSuite: The First and Only Workplace Misconduct, Theft, and Fraud Reporting Platform for the Hospitality Industry
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