Even before the #MeToo movement, hotels have recognized and tried to address the problem of harassment and other unwelcome behavior directed at employees by guests.
Much of the focus in recent years has been on housekeepers, who are often alone when they encounter guests in their rooms. But other hotel employees who work alone in guest areas, such as bell staff, in-room dining employees and massage therapists, should be added to the mix of employees who are vulnerable to guest misconduct.
There is no denying that the #MeToo movement and other high-profile incidents have the industry, worker advocacy groups and industry associations laser-focused on the need to protect employees who may be targets of sexual harassment and other crimes.
The Equal Employment Opportunity Commission (EEOC) recently reported a 13.6% increase in sexual harassment charges filed from fiscal year 2017 and that the agency had recovered US$56.6 million in monetary benefits for victims of sexual harassment. While these statistics cover all industries, according to an analysis by the Center for American Progress, more than 25% of sexual harassment charges filed in the past decade occurred in industries dominated by service workers, with the hotel and restaurant industry accounting for more than 14% of those filings.
Andria Lure Ryan is an Atlanta partner at law firm Fisher Phillips, where she chairs the hospitality industry practice group.
According to one survey of Chicago-area female hospitality workers, 58% in the hotel industry and 77% in the casino industry had experienced sexual harassment by guests. Common complaints included guests exposing themselves, unwanted sexually suggestive looks or gestures, unwelcome sexual comments, jokes or questions, being leaned over or cornered, pressured for a date or sexual favors, touching and being shown sexual pictures or pornography.
In response, state and local jurisdictions, hotel employee unions and major industry employers are moving toward requiring or voluntarily proving employee safety devices (ESDs) for employees who work alone or isolated in rooms to protect the employees against sexual harassment and assault. In September 2018, the American Hotel and Lodging Association and the CEOs of 17 major hotel brands announced a pledge to provide hotel employees across the U.S. with ESDs by 2020 and committed to enhanced policies and trainings aimed at preventing and responding to sexual harassment and assault.
ESDs or “panic buttons” are already required by ordinances at hotels in Seattle and Chicago and well as for unionized hotel workers in other major cities. Miami Beach’s required panic button ordinance will go into effect in August 2019. Other cities and states are considering required ESDs. Several of the laws already enacted and a few being proposed, also contain provisions for “blacklisting” guests accused of harassment or assault.
While recognizing that safety is a priority, there have been legal challenges to many measures. The lawsuits raise issues of “due process” for the blacklisted guest, how to actually enforce a ban and potential liability of the employee making the complaint resulting in the guest ban, to name a few.
And while panic buttons may seem like an easy safety fix, there are still some practical and legal challenges that need to be addressed. The ESDs can come in the form of electronic whistles, phone apps or iPads with alert functions, or GPS-equipped devices. Implementation of the devices come with some challenges – both practical and legal. There are concerns about technological limitations – can a hotel property ensure reliable Wi-Fi coverage in all areas of the property? Can the employer ensure the reliability of the device? What kind of training is required to use the device? Who will monitor the device? Which employees should use the device? Who is liable for injuries or damages if the device malfunctions? And, of course, ESDs come at a cost, depending on how sophisticated the device. These issues should and can be addressed, but a trial and error process comes at a cost.
In addition to ESDs to address sexual harassment and assault by guests, hotels must commit to other measures to prevent and respond to harassment complaints. Hotels should:
- Revisit current policies addressing harassment to ensure that the policies meet modern standards and expectations, in addition to legal requirements.
- Identify employees who are particularly vulnerable to guest (and other) harassment and provide resources to those employees on avoiding situations, responding to guests who engage in bad behavior and the importance of reporting concerns, no matter how minor.
- Revamp sexual harassment avoidance training to include teaching leaders to understand and support the no harassment policies, develop a “how can I help you” culture, manage the unexpected, and respond with empathy and action.
Employee safety is a never-ending challenge and no industry is immune from sexual harassment. For many years, employers have focused anti-harassment efforts on what not to do in the workplace. But here’s the new norm: Set your sights on and commit resources to tools designed to proactively solve sexual harassment and assault against your employees.