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Danielle Urban – HospitalityLawyer.com https://pre.hospitalitylawyer.com Worldwide Legal, Safety & Security Solutions Fri, 10 May 2019 18:56:03 +0000 en hourly 1 https://wordpress.org/?v=5.6.5 https://pre.hospitalitylawyer.com/wp-content/uploads/2019/01/Updated-Circle-small-e1404363291838.png Danielle Urban – HospitalityLawyer.com https://pre.hospitalitylawyer.com 32 32 The Sharing Economy And Discrimination Concerns: What Can You Do? https://pre.hospitalitylawyer.com/the-sharing-economy-and-discrimination-concerns-what-can-you-do/?utm_source=rss&utm_medium=rss&utm_campaign=the-sharing-economy-and-discrimination-concerns-what-can-you-do https://pre.hospitalitylawyer.com/the-sharing-economy-and-discrimination-concerns-what-can-you-do/#respond Tue, 25 Jul 2017 18:53:59 +0000 http://pre.hospitalitylawyer.com/?p=14499 Recent studies have reported that race and gender disparities are not uncommon in the sharing economy. For example, it’s been reported that some gig workers were discriminating against customers with names that “sounded Black.” Women and workers of color are more likely to garner negative reviews from customers. And now, a recent study found that people with disabilities are more likely to be rejected through Airbnb than their comparators without disabilities. The study, conducted by Rutgers University, found that 75% of travelers who made no mention of a disability were granted pre-approval. For those who mentioned a disability, the pre-approval rate dropped from anywhere between 25% to 61% depending on the disability.

So what’s going on? There are a couple of possible explanations. In many cases, the accommodation is a private residence, not subject to the requirements of the federal Americans with Disabilities Act (ADA) or its state equivalents. Because a private residence is not subject to the ADA, the accommodation in question may not be accessible to someone in a wheelchair or with limited mobility, and the rejection might be a legitimate and permissible act.

Sometimes, however, the rejection may be a matter of illegal bias. Although Airbnb as an organization may not be biased, its design allows individual property-owners to act on their biases. Airbnb is certainly aware of the problem and has taken significant steps to curb the potential for bias, including introducing a non-discrimination policy in September 2016, and taking steps to better handle complaints of discrimination. Nevertheless, discrimination persists because bias continues to exist.

What does this mean to you if you are an employer? For corporate travel programs learning to embrace the sharing economy, it’s important to keep potential discrimination issues in mind when developing travel policies. Although most workplaces don’t require employees to use Uber, Lyft or Airbnb, any such policies should be examined to ensure that no employee is forced to use a service they believe subjects them to discrimination. If your workplace does require employees to use a sharing platform for corporate travel, it is important to have procedures in place so that employees can seek help addressing any discriminatory treatment and assistance remedying any such problems. Finally, corporate travel managers may want to do their own research to provide employees with options. The website for Accomable, for example, says it has over 1100 listings for accessible accommodations in over 60 countries.

Taking affirmative steps to address bias and discrimination will go a long way towards demonstrating to your workforce that you take their concerns seriously, and will ultimately lead to a more satisfied workforce (not to mention keeping you out of hot water as well).

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Taking Care of Employees Assigned Abroad https://pre.hospitalitylawyer.com/taking-care-of-employees-assigned-abroad/?utm_source=rss&utm_medium=rss&utm_campaign=taking-care-of-employees-assigned-abroad https://pre.hospitalitylawyer.com/taking-care-of-employees-assigned-abroad/#respond Sat, 13 Jun 2015 16:00:27 +0000 http://pre.hospitalitylawyer.com/?p=13220 So your company is expanding and, for the first time, you’ll be sending key employees abroad to work in other markets. While the opportunities for expansion may appear limitless, so is your potential liability for failing to protect your employees from the myriad problems they may face while traveling on business. While some risks may appear obvious, such as the Ebola virus in West Africa, or kidnapping in Syria or fighting in Ukraine, there are other, less obvious risks such as an employee falling in the shower or suffering from a poisonous insect bite. In addition to personal safety risks, your employee could face border hassles or even detention for failing to have the proper travel documents, vaccinations or visas. As an employer, you have a legal and moral duty to protect employees from harm while traveling for business. A little advance planning can help you avoid or mitigate any emergencies that might occur.

1. What type of assignment will the employee have?

Start by analyzing what you will need your employee to do. Will the employee be traveling on short-term assignments (defined as a stay ranging from days to several months, but generally less than 12 months), long-term assignments (usually defined as 12 months or longer, but generally for a set period of time, and the employee will typically maintain a home in the US) or will the employee be re-locating indefinitely, being compensated in local currency and benefits? Even business travelers traveling for short stays in other countries will likely need special visas. For example, although Canada is a friendly and tolerant neighbor, there are special requirements for business travelers, as you would expect for business travelers to the US. Before you send your employee to Canada or another country as a tourist, consider that traveling without the proper documentation, even for a short trip, could result in in detailed questioning at the border, a search of personal electronics, detention, or even the employee being turned away at the border. Employees who are dishonest about their travel purpose or have inadequate documentation may be banned from future travel to that country or face deportation or even criminal sanctions.

2. Assess Risks and Develop a Plan

A thorough risk assessment should be made prior to sending any employees overseas. Maybe the travel destination is not known for kidnappings, political unrest, or terrorism, but what if the employee hits his head? What if is in a serious car accident? Will your U.S. medical insurance cover the employee’s medical expenses? Employers may want to contract with a specialty firm that provides in-country medical and evacuation services in the event of a medical emergency. At a minimum, employers should be familiar with the country’s medical system and understand what an employee needs to do to access emergency medical care. What if the employee needs surgery? Is the local blood supply safe? Any special vaccinations required or precautions regarding food or water? Depending on the destination-country’s health care system, employers may want to consider contracting with a local medical group to provide care or to evaluate an employee’s need for evacuation.Will the employee be covered under state workers’ compensation plans even while on overseas assignment? Although most state plans cover employees who are overseas temporarily, depending on the country, U.S. employers are advised to purchase a foreign voluntary workers’ compensation policy for employees who will be on longer-term assignments.Prudent employers will also plan for less likely possibilities. What if the employee or a close family member is kidnapped? How will employees be assisted in the event of prolonged political unrest or rioting? The U.S. State Department website is a good place to start with any risk assessment, and provides a helpful outline of risks for a particular country. An international risk management firm also may be able to assist the employer to determine the best plan for a particular country, and may even be able to provide in-country assistance should a security or medical emergency arise.

3. Train employees prior to departure.

While it is always a good idea to provide employees with cultural sensitivity training for the travel destination, personal safety and security training should be included, targeted to the travel destination, and employees should be aware of any plans in place to protect their safety. The most frequent problems encountered by employees traveling overseas are petty theft and minor illnesses, but even minor incidents can escalate into big problems if the employee is unprepared.In addition to warning employees about the inherent risks of travel and any specific risks associated with the travel destination, employers should spell out the types of assistance available and give contact information for emergencies. Before designating a resource, be sure that person or group is available at all times (employees may be traveling to a country in a different time zone) and has enough local knowledge to assist in the event of a crisis.

4. Track your traveling employees.

Although employers must be sensitive to employee privacy concerns, prudent employers should have a general sense of where their employees are at all times. Consider asking employees to “check-in” whenever they arrive in or leave a country, and security or human resources staff should continually monitor the political and security situation in each country to which employees travel.

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