The Ned NoMad hotel and members’ club in Manhattan will pay $100,000 to settle a federal disability discrimination lawsuit after refusing to allow a host with a knee condition to use a stool while working at the front desk.
The U.S. Equal Employment Opportunity Commission filed the lawsuit against entities that own or operate the upscale establishment, alleging the hotel terminated the employee rather than provide the simple accommodation she needed to do her job.
According to the EEOC’s complaint, the employee provided a medical note stating her knee condition limited her standing or walking to 30 minutes. She requested to use a stool only while performing clerical work and checking in guests at the host stand. The employee could still perform all essential job functions, including walking guests to their destinations throughout the hotel.
Despite the reasonable nature of the request, the hotel refused to allow the stool and fired the employee instead.
Third similar case against NYC hotels
The settlement represents the third Americans with Disabilities Act lawsuit the EEOC has successfully resolved in recent years against New York City hotel employers for refusing to let guest-facing employees use seats.
“It’s well past time the industry got the message: there’s nothing chic—or legal—about denying reasonable accommodations to employees with disabilities,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office.
The case was filed in U.S. District Court for the Southern District of New York after the EEOC’s pre-litigation settlement efforts failed.
Settlement requires policy changes and training
Under the consent decree, The Ned NoMad cannot deny reasonable accommodations to employees with disabilities because of image or guest-preference concerns. The hotel must update its employee handbook to specifically identify providing a stool to hosts as a possible reasonable accommodation.
The establishment also must train managers and employees on accommodation requirements and regularly report to the EEOC on how it handles accommodation requests and disability discrimination complaints.
“This settlement sends a clear message that employers in the hotel industry and other workplaces must provide reasonable accommodations for employees with disabilities absent undue hardship,” said Arlean Nieto, acting director of the EEOC’s New York District Office. “The EEOC is committed to enforcing the ADA to protect the rights of all workers.”
Implications for hospitality industry
The case highlights ongoing challenges in the hospitality industry, where employers may prioritize aesthetic concerns over legal obligations to accommodate disabled workers. The ADA requires employers to provide reasonable accommodations unless they create undue hardship.
Trial attorney Daniel Seltzer noted the importance of employees advocating for their rights. “Too often, ADA violations go undetected. This lawsuit and settlement were possible only because the host never stopped fighting for her right to an accommodation,” Seltzer said.
The pattern of similar cases suggests hotels may need to reassess their accommodation policies, particularly regarding visible accommodations for customer-facing employees.
The EEOC’s New York District Office handles discrimination charges and litigation across Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.
