Based on the lawsuits filed in 2019, here are the top hotel industry legal battles to watch for in 2020.
In 2019, litigation heated up in several areas that will undoubtedly continue into 2020, and prudent hotel operators will give them proper consideration as protocols and training priorities are established for 2020.
The first and most urgent item is website ADA non-compliance litigation. These pesky lawsuits, like their predecessors, ADA Drive-By Lawsuits, are being filed aggressively and often against a franchisee of a brand that has failed to fully disclose its ADA-compliance initiatives. This information is crucial, according to the complaints, so that a person with a disability may make an informed decision about their lodging choice, just as any other traveler. So take advantage of your brand’s infrastructure by clearly identifying and listing all of your compliance initiatives and tools on your hotel‘s webpage(s). Most brands have made it easy for you by creating a survey or other type of questionnaire that can guide you.
For general guidance with ADA compliance, the ADA National Network has 10 regional centers to provide information, guidance and training on the ADA. Or visit its hospitality-specific site.
Human trafficking
More victims of human trafficking are seeking compensation from hotels where the trafficking was based and or where it was facilitated. The claims are predicated on the argument that the lodging property knew or should have known (as a reasonable hotel operator) of the trafficking scheme and, by renting rooms to the traffickers, enabled the scheme. By now, every lodging property should have at least implemented ongoing awareness training for all current and onboarding staff that focuses on the red flags of trafficking and steps to take when those red flags appear. ECPAT and Polaris are two excellent resources for training content and suggested protocols.
Alcohol
In the past several years, I have become aware of a significant trend to enhance F&B sales in hotels. Because alcohol has spectacular contribution margins, often alcohol sales are emphasized. The companion trend to increased alcohol sales efforts has been the concurrent belief that since people are drinking in a hotel, then they are more than likely not driving, so the responsible service of alcohol concept receives short shrift.
This is a very narrow and short-sighted view of the perils of the over-service of alcohol. When people over-consume, in addition to driving erratically, they tend to make poor decisions and often engage in many other dangerous behaviors. Aggressive behavior manifested physically, verbally, emotionally and sexually often segues from drunkenness. As it appears that hotels are being sued for the over-service of alcohol at a much faster pace than ever before, the prudent operator will emphasize the responsible service of alcohol by developing comprehensive policies, launching intensive ongoing training for staff, and holding everyone accountable to the policies and training.
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