HC3 1.2 Hotel Guidelines AT1Q1.5

Anti-Discrimination Guidelines
for the Hotel and Accommodation Industry
Next4
ISBN 978-0-9750693-3-2 April 2013
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What is in these guidelines

u What is in these These guidelines explain the rights and responsibilities of hoteliers and their employees
guidelines under anti-discrimination law.
u How Anti-
Discrimination law They have been produced by the Anti-Discrimination Board of NSW, the Australian Hotels
affects hotels Association (NSW) (AHA (NSW)) and Tourism Accommodation Australia (NSW) in
u Direct and indirect consultation with the Office of Liquor, Gaming and Racing.
discrimination
u Harassment If you have any questions about these guidelines please contact AHA (NSW), the Anti-
Discrimination Board or the Office of Liquor, Gaming and Racing. Our addresses and phone
u Victimisation
numbers are at the back of these guidelines.
u Vilification
u Legal responsibility
u Following the law
u Check your hotel’s

employment
practices
u How to handle a
complaint
u More information
u Sample policies
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How anti-discrimination law affects hotels (1 of 3 pages)
u What is in these Role of the NSW Anti-Discrimination Board

guidelines
The Anti-Discrimination Board (the Board) was set up under the Anti-Discrimination Act 1977
u How Anti- to administer that Act. It is under the jurisdiction of the NSW Attorney General’s Department.
Discrimination law
affects hotels The role of the Board is to promote anti-discrimination and equal opportunity principles and
u Direct and indirect practices throughout NSW. To do this, the Board:
discrimination • provides an enquiry service for people about their rights and responsibilities under anti-
u Harassment discrimination law;
• investigates and conciliates discrimination complaints;
u Victimisation
• tries to prevent discrimination happening — by running education programs, seminars, talks,
u Vilification
and producing publications and a website;
u Legal responsibility • advises the Government on discrimination matters and makes recommendations about the law.
u Following the law The Board is an impartial agency and does not act as an advocate for either side in seeking a
resolution to a complaint.
employment continued next page
practices
u How to handle a
complaint
u More information
u Sample policies
3
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u What is in these Anti-Discrimination law

guidelines
The NSW Anti-Discrimination Act says that it is unlawful in NSW to discriminate against
u How Anti- someone, that is to treat them unfairly compared with others, or harass them because of the
Discrimination law
following characteristics:
affects hotels
• sex, including pregnancy and breastfeeding;
u Direct and indirect
discrimination • race, including colour, nationality, descent and ethnic, ethno-religious or national origin;
u Harassment
• marital or domestic status — whether they’re single, married, de facto (including same sex
u Victimisation couples), divorced or separated;
u Vilification • disability — physical, intellectual or psychiatric; past, current or future; actual or presumed;
u Legal responsibility • homosexuality — actual or presumed;
u Following the law
• age, including compulsory retirement (however, it is not against the law to exclude people aged
u Check your hotel’s under 18 from restricted areas of hotels, or to exclude a person under the age of 18 years who is
employment found in the authorised area not in the immediate company of a responsible adult);
practices
• transgender (transsexuality) — actual or presumed;
u How to handle a
complaint • carer’s responsibilities (in employment only);
u More information • discrimination because a relative or associate has one of these characteristics
u Sample policies (except carer’s responsibilities).
continued next page
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u What is in these Federal legislation, which is administered by the Australian Human Rights Commission, also
guidelines covers discrimination based on someone’s:
u How Anti- • religion;
Discrimination law
affects hotels • political opinion;
u Direct and indirect • trade union activity;
discrimination
• medical record;
u Harassment
• criminal record;
u Victimisation
• sexual preference; and
u Vilification
• social origin.
u Following the law

It is against the law to discriminate in two areas that concern hotels. These are:
employment • the goods and services the hotel provides, including accommodation
practices
(carer’s responsibilities discrimination is not unlawful in this area); and
u How to handle a
complaint • the hotel’s employment practices.
u More information
u Sample policies
5
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Both direct and indirect discrimination
are against the law
u What is in these Direct discrimination Example of direct discrimination
guidelines
Direct discrimination means treatment that is unfair A bar attendant refuses to serve someone
u How Anti- or unequal. because they are Aboriginal. This would be
Discrimination law direct race discrimination.
affects hotels
u Direct and indirect Indirect discrimination Example of indirect discrimination

discrimination
Indirect discrimination means having a requirement, A hotel insists that customers can only use a
u Harassment driver’s licence as proof of age even though
a rule, policy, practice or procedure that is the same the Liquor Act allows for other forms of
u Victimisation for everyone but which has an effect that is unfair identification to be used, such as a passport or
to particular groups. Unless the requirement is proof of age document. This:
u Vilification
reasonable with regards to the circumstances it is • is a requirement that is the same for
u Legal responsibility likely to be indirect discrimination. everybody;
• means that people with certain types of
u Following the law disabilities who are unable to drive will be
unable to show a driver’s licence as an ID;
u Check your hotel’s • is probably not reasonable with regards to
employment the circumstances, as there are other forms
practices of identification that could serve the same
purpose as a driver’s licence.
u How to handle a
complaint Therefore, the requirement that only a driver’s
licence can be used as proof of age may be
u More information indirect disability discrimination.
u Sample policies
6
4
Sexual and other types of harassment (1 of 2 pages)
u What is in these Sexual harassment

Complaints handled by the Anti-
guidelines Sexual harassment is also against the law. Discrimination Board
u How Anti- Sexual harassment is: A woman worked as a casual kitchen hand in a
Discrimination law restaurant, and formed a social relationship with
affects hotels • unwelcome sexual advances or requests, or; the chef outside the workplace. She said she
• sexual conduct in relation to a person that, in the wanted their relationship to remain platonic,
u Direct and indirect but the chef continually asked her to have a
discrimination circumstances, a reasonable person would have sexual relationship with him. After she rejected
expected the person to be offended, humiliated his advances she was not offered any further
u Harassment
or intimidated. work. The complaint of sexual harassment was
lodged against the employer and the cook. It
u Victimisation
Examples of sexual harassment include: was resolved with the help of the Board and
u Vilification included a payment of $3,000.
• intrusive questions about sexual activity, or
u Legal responsibility offensive jokes with sexual content; A woman worked as a bar attendant at a club.
• staring or leering in a sexual manner, sexual She alleged that during her employment a
u Following the law number of club patrons continually made a
or physical contact, such as slapping, kissing, number of unwelcome comments to her about
u Check your hotel’s touching or hugging; the size of her breasts. She further alleged that
employment • repeated sexual or personal invitations after the when she complained to a director about the
practices conduct, he also proceeded to make similar
person has refused similar invitations before; comments. The complaint was settled following
u How to handle a • sexual assault (also a crime under the Crimes Act). a conciliation conference when the club agreed
complaint continued next page to provide the woman with a statement of
regret; undertake to train all staff and to review
u More information
its policies on discrimination and harassment.
The woman was compensated with a payment
u Sample policies
of $5,000 for the humiliation suffered.
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Sexual and other types of harassment (2 of 2 pages)
u What is in these Harassment Complaint handled by the

guidelines In general, harassment is any type of behaviour that: Anti-Discrimination Board
u How Anti- • someone does not want and does not return; A man alleged that he was
Discrimination law
• offends, humiliates or intimidates them; and subjected to ongoing harassment
affects hotels
• targets them because of their sex, pregnancy, race, or ethnic from his immediate supervisor
u Direct and indirect who repeatedly humiliated him
group, age, disability, homosexuality, transgender or carer’s
discrimination because of his stutter. The man
responsibilities (employment only).
lodged a complaint of disability
u Harassment
Examples of harassment include: discrimination with the Board.
u Victimisation The complaint was resolved at
• material that is racist, sexist, homophobic (anti-gay) and so a conciliation conference at the
u Vilification on, that is displayed in the workplace, circulated on paper Board with the employer agreeing
or by email, or put on a computer or fax machine or on the to pay the man $13,000 for pain
internet, or in someone’s personal belongings; and suffering, provide him with
u Following the law • verbal abuse or comments that put down or stereotype a statement of employment, an

people because of their sex, pregnancy, race, age, marital apology, and an undertaking to
status, homosexuality and so on. train all staff.
employment
practices
u How to handle a
complaint
u More information
u Sample policies
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Victimisation
u What is in these It is also against the law to victimise someone, that is treat
Complaint handled by the
guidelines them unfairly, because they have:
Anti-Discrimination Board
u How Anti- • complained about discrimination to you or an organisation A man complained to his boss
Discrimination law like the Anti-Discrimination Board; that he had been discriminated
affects hotels
• supported someone with a discrimination complaint; or against because of his race. The
u Direct and indirect • acted as a witness to a discrimination complaint. next day he was dismissed. The
discrimination man alleged racial discrimination
and the dismissal amounted to
u Harassment
victimisation under the NSW
u Victimisation Anti-Discrimination Act. During
a conciliation conference at the
u Vilification Board, the employer agreed that
they had done the wrong thing
by dismissing the man and not
u Following the law taking his complaint of race
discrimination seriously. The man
was reinstated and received $4,000
employment
practices for the racial discrimination.
u How to handle a
complaint
u More information
u Sample policies
9
4
Vilification
u What is in these Racial vilification, homosexual vilification, HIV/AIDS
Complaint handled by the
guidelines vilification and transgender vilification are also against
Anti-Discrimination Board
the law
u How Anti- A Jewish woman asked a public
Discrimination law
Vilification means any public act that could incite or authority to remove anti-Semitic
affects hotels
encourage hatred, serious contempt for, or severe ridicule graffiti from a public place they
u Direct and indirect towards someone or a group of people because of their race, were responsible for. They did not
discrimination homosexuality, HIV/AIDS or transgender status. respond. She came to the Board
and after a conciliation conference,
u Harassment
Examples of possible racial, homosexual, HIV/AIDS or the authority removed the graffiti.
u Victimisation transgender vilification are:
u Vilification • graffiti scrawled on hotel walls that vilifies people because of
their race, homosexuality, HIV/AIDS or transgender status;
• posters, cartoons or notices on hotel noticeboards that vilify
u Following the law people because of their race, homosexuality, HIV/AIDS or
transgender status;
employment • abuse that happens publicly between people in the hotel
practices that vilifies people because of their race, homosexuality, HIV/
u How to handle a
AIDS or transgender status.
complaint
u More information
u Sample policies
10
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Legal responsibility for following
anti-discrimination legislation (1 of 2 pages)
u What is in these Generally, the hotelier is responsible for ensuring that

Reasonable Steps
guidelines anti-discrimination legislation is followed in their hotel. Case decided by the NSW Administrative
When someone who has been specifically authorised Decisions Tribunal
u How Anti-
Discrimination law
to act on behalf of the hotelier, such as a manager or A female bar attendant was sexually
supervisor, acts in a discriminatory or harassing way, the harassed (including having her breasts
affects hotels grabbed) by a co-worker but didn’t
hotelier will still be legally liable for the discrimination complain until the third incident.
or harassment — unless they can show that they took Once management was aware of the
discrimination allegations, it investigated immediately
reasonable steps to prevent the discrimination or
and the man was dismissed.
u Harassment harassment from happening.
The woman, however, argued that the
u Victimisation employer had failed to take reasonable
Reasonable steps steps to prevent the sexual harassment
u Vilification and was, therefore, liable for the man’s
A hotelier can take reasonable steps by: behaviour. Management hadn’t been
u Legal responsibility aware of the specific incidents until
• implementing Equal Employment Opportunity the woman complained, but it had
u Following the law (EEO) policies, harassment policies and grievance known that the man in question had
procedures; a negative reputation with women.
employment • training staff to ensure that they are aware of The Tribunal found that management did,
practices their rights and responsibilities in relation to anti- therefore, know that the man’s conduct
towards women was unacceptable. The
u How to handle a
discrimination legislation; and Tribunal also found that management
complaint • making clear what is not acceptable behaviour in the had failed to take all reasonable
steps to prevent the conduct.
workplace.
u More information continued next page
u Sample policies
continued next page
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Legal responsibility for following

anti-discrimination legislation (2 of 2 pages)
u What is in these The more a hotelier can show that they implemented
continued from previous page
guidelines appropriate policies and procedures fairly and
The employer did have policies
consistently, the more they will be able to demonstrate and procedures covering
u How Anti-
Discrimination law
that they took all reasonable steps to prevent sexual harassment but:
affects hotels discrimination or harassment from happening. · the short, internal training sessions
for staff were inadequate;
u Direct and indirect A hotelier may be able to transfer legal liability to a
discrimination · management failed to recognise
manager if they are able to show that the manager did that the man’s behaviour was
u Harassment not implement the organisation’s anti-discrimination, potentially unlawful;
harassment and EEO policies properly or neglected to · there were no appropriate
u Victimisation
take steps that should have been taken. For example, if monitoring processes
u Vilification someone authorised to hire staff discriminates unlawfully, · the man was not warned that his
the hotelier would be liable for the this person’s action, behaviour was inappropriate
unless the hirer acted against the hotelier’s specific The woman was awarded $15,000
u Following the law instructions not to discriminate. The hotelier is also for pain and suffering
generally legally liable when any other employee behaves
in a discriminatory or harassing way.
employment
practices
In some instances individual harassers have been
u How to handle a found jointly legally liable with the employer. This is
complaint particularly the case for sexual harassment, where the
u More information
Anti-Discrimination Act allows employees to lodge a
complaint against an individual harasser.
u Sample policies
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Following the law (1 of 13 pages)
u What is in these u Check the services your hotel provides

guidelines
u How Anti-
u Refusing entry, service or barring people
Discrimination law
affects hotels u How long a hotel can bar people
u ‘No Excuse’ — refusing a request to leave.
discrimination
u Harassment u Dress rules

u Victimisation
u Charges and special or free deals
u Vilification
u Dealing with sexual harassment
u Following the law u Dealing with racial, homosexual, HIV/AIDS or transgender

vilification
employment
practices u Providing access and services for people with disabilities
u How to handle a
u Rooms and accommodation
complaint
u More information
u Sample policies
13
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u What is in these Check the services your hotel provides

guidelines
In general, the goods and services you and your staff provide at your hotel must be open to
u How Anti-
Discrimination law everyone regardless of their race, ethnic group, sex (including breastfeeding and pregnancy),
affects hotels marital or domestic status, disability, age (apart from underage gambling and drinking and
u Direct and indirect restricted access to certain areas of licensed premises), homosexuality or transgender status.
discrimination
u Harassment Certain areas within the premises may be restricted to functions or invited guests only, so long as
there remains an area which is open to the general public.
u Victimisation
u Vilification
Hotel staff must treat everyone fairly and equally. This applies to all services provided by the hotel,
u Legal responsibility such as hiring out part of the hotel premises for meetings or functions arranged by any groups,
u Following the law clubs or societies.
continued next page
employment
practices
u How to handle a
complaint
u More information
u Sample policies
14
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u What is in these Refusing entry, service or barring people Refusal of Service

guidelines Case decided by the NSW
Neither the Liquor Act 2007 nor the Anti-Discrimination Act Administrative Decisions Tribunal
u How Anti-
allows a hotel to refuse entry, refuse service, remove someone A man was barred from a casino
Discrimination law
affects hotels from the premises or bar them because of their sex (including because his GP had written asking
breastfeeding and pregnancy), race, marital or domestic them to do so because he could
u Direct and indirect not gamble responsibly due to a
status, age (apart from underage drinking and gambling mental illness. The letter stated
discrimination
and restricted access to certain areas of licensed premises), that the man had consented to his
u Harassment disability, homosexuality or transgender status, or that of doctor writing it.
their relatives or associates. Customers should be served on a The man claimed that he had been
u Victimisation
first come, first served basis so that everyone is treated fairly. discriminated against because of
his disability. The casino argued,
u Vilification Everyone who provides services at the hotel should take care
however, that he was excluded
to treat all customers courteously. because of the GP’s letter.
To prove discrimination it is
u Following the law Also be aware of unspoken rules about where customers are necessary to show that you have
allowed based on their race. For example Aboriginal customers been treated less favourably than
u Check your hotel’s shouldn’t be expected to sit in one area of the hotel, while non- other people in the same or similar
employment circumstances.
Aboriginals sit in another.
practices The tribunal found that there
u How to handle a Section 77 of the Liquor Act allows a hotel to refuse entry, was no evidence that a patron in
similar circumstances, who did
complaint refuse service, or remove someone from the premises to ensure
not have the man’s mental illness,
a safe environment for other patrons and staff or if they disrupt would be treated more favourably.
u More information
the orderly conduct of the business. Additionally, a person The complaint was, therefore,
u Sample policies smoking in a smoke-free area may be removed and a hotelier dismissed.
can refuse access to the licensed premises if doing so is in
continued next page 15
4
u What is in these accordance with a condition on the licence or consented to as

Race Discrimination
guidelines part of a Local Liquor Accord initiative, for example, a general Case decided by the NSW
lockout by hotels at midnight. Administrative Decisions Tribunal
u How Anti-
Discrimination law A man of Pacific Islander
A hotel can also bar someone for some time after a particular background, was twice refused
affects hotels
incident. However, this can only happen if the person: entry to a hotel. Security guards
u Direct and indirect had said to him ‘No Islanders
discrimination
• is intoxicated, violent, quarrelsome or disorderly;
allowed’ the first time and ‘No
• is using the hotel for the purposes of prostitution; Islanders or Lebs’ the second time
u Harassment
• is doing anything that makes the licensee liable for a penalty; he tried to get in.
u Victimisation • is hawking, selling or peddling goods on the premises; The security guards were
• has a prohibited drug in their possession. employed by two separate
u Vilification
security companies. When the
u Legal responsibility Most problems happen when a hotelier or a member of staff man complained, the security
has to decide if someone is ‘intoxicated, violent, quarrelsome or companies alleged that he was
u Following the law refused entry because he was
disorderly’. A hotel must not use this section of the Liquor Act
drunk. He denied this and took his
u Check your hotel’s to unlawfully discriminate. For example: case to the NSW Administrative
employment
practices • the standard for refusing service to people who are Decisions Tribunal. He complained
intoxicated should be the same for everyone and not be that he had been discriminated
u How to handle a against by both the security
based on someone’s racial group, sex and so on;
complaint companies and the Hotel.
• be aware that people with certain types of disabilities, which
The man wanted an apology and
u More information may affect the way they walk or talk, may appear to be
entry to the hotel, subject to dress
u Sample policies
intoxicated when they are not; and behaviour rules. Management
• if people who have caused trouble in the past happen to continued next page
continued next page 16
4
u What is in these belong to a particular racial, age or any other group, don’t
continued from previous page
guidelines assume that others from that group will also cause trouble.
of the Hotel argued that his
A hotel should only warn or bar customers if they actually do evidence could not be believed.
u How Anti-
Discrimination law
cause trouble. After hearing all the facts, however,
affects hotels the Tribunal was satisfied that it
In addition, customers may be assertive or eccentric without was ‘more probable than not’ that
u Direct and indirect being disorderly. They may question the hotel’s decisions he had been treated less favourably
discrimination or defend their rights, and not be quarrelsome within the than other people because of his
u Harassment
meaning of the Liquor Act. Check the reasons why someone race.
seems to be upset. There may be a good reason why they are The Hotel argued that it was not
u Victimisation acting in a particular way. For example, someone may be upset responsible for the discrimination
u Vilification
because the dress standard has not been fairly applied to them because the security guards were
in comparison to other customers. not employed by it. The Tribunal,
u Legal responsibility however, accepted evidence that
The Office of Liquor, Gaming and Racing recommends that it was hotel policy to exclude
u Following the law Islanders and Lebanese people and
hotels maintain an Incident Register. Hotels that operate after
that, in any event, it did nothing to
u Check your hotel’s midnight at least once a week or listed as declared premises
prevent the conduct.
employment under section 4 of the Liquor Act must mainatin an Incident
practices Register. The hotel and the security
companies were order to pay the
u How to handle a
Incidents to be recorded include anti-social or violent man $6,000, jointly. In addition, the
complaint security firms were ordered to pay
behaviour and people being refused entry or asked to leave
u More information $2,000 and $1,000 respectively for
under section 77 of the Liquor Act. aggravation.
u Sample policies
For more information contact the Office of Liquor and Gaming
or read their guidelines. continued next page 17
4
u What is in these How long a hotel can bar people Race Discrimination
guidelines Case decided by the Anti-
How long a hotel bars customers should relate to the offence, Discrimination Tribunal, QLD
u How Anti- and whether this is the first, second or third incident the person An Aboriginal man went to a
Discrimination law has been involved in. Hotels should also apply their rules hotel to talk to the hotel manager
affects hotels
consistently and fairly. For example, if a customer is barred about constructing a bridge in
u Direct and indirect for six months for disorderly behaviour, all other customers the town to make the area more
accessible for tourists. The two men
discrimination should be barred for the same length of time for the same type
began arguing. At one point, the
u Harassment
of behaviour and not be given a heavier penalty if they are manager drew a knife on the man,
Aboriginal. telling him to leave the hotel and
u Victimisation barring him in future. In addition,
If a hotel has to bar people from its premises frequently, it the manager had also called
u Vilification might be worthwhile displaying the hotel’s barring rules, the Aboriginal man ‘Abo’ on the
explaining what people can expect for different types of occasions he’d gone to the pub as
u Legal responsibility a customer over a two-year period.
offences. The Tribunal ordered that the man
u Following the law
be awarded the sum of $31,500
When a new licensee takes over a hotel, they should review the
with interest, and $450 in costs.
previous licensee’s barrings, checking that they were applied
employment
fairly before going along with them or establishing a new
practices
barring system.
u How to handle a
complaint ‘No Excuse’ — refusing a request to leave.
u More information It is an offence, under the Liquor Act, for a patron not to leave a
u Sample policies venue when asked, and they can be given a fine of $550 by the
NSW Police.
continued next page
18
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u What is in these Dress rules Example of discrimination

guidelines
Hotels can set reasonable standards of dress for both customers Refusing entry to someone, who
u How Anti- and staff. This includes different standards of formality for has to wear a hat or scarf due
Discrimination law to a medical condition could be
different parts of the hotel, or for different times of the day.
affects hotels disability discrimination.
People who do not comply with the dress code may be refused
u Direct and indirect entry. Similarly, refusing entry to
discrimination
To ensure no discrimination is applied, a dress code should be someone who has to wear a
u Harassment displayed at the hotel’s main entrance. In general, the same head covering because they are
a cultural requirement might be
u Victimisation
dress standards should apply to everyone.
ethno-religious discrimination.
• While a hotel doesn’t have to have exactly the same dress
u Vilification
rules for men and women, the standard of formality or
u Legal responsibility informality should be roughly the same for both sexes. For
example, if men wearing work singlets are refused entry to
u Following the law
the hotel, women wearing equivalent work clothes should
u Check your hotel’s also be refused entry.
employment
• If a hotel has a rule that says no-one must enter with bare
practices
feet or thongs, this rule should be applied to everyone, not
u How to handle a just members of a particular group, such as Aboriginal
complaint people or Torres Strait Islanders. In addition, some customers
u More information may have a disability that makes it difficult for them to wear
shoes.
u Sample policies
• In some instances it may not be appropriate to have a
continued next page
19
4
u What is in these global ban on headgear. For example, a hotel may need
Example of discrimination
guidelines to take people’s ethno-religious beliefs into account, such
as allowing Sikhs to wear a turban and Muslim women to If an entry fee is charged for
u How Anti-
Discrimination law
wear a headscarf, or they could be at risk of indirect race male customers, but not female
affects hotels discrimination. customers, this could be sex
discrimination.
Charges and special or free deals
discrimination
A hotel should not discriminate with the prices it charges
u Harassment
people for entry to certain events or parts of the premises, or
u Victimisation for drinks or food. For example, it is against the law to charge
different rates for different races, or to charge men and women
u Vilification
different amounts for the same service, or to give only one
u Legal responsibility sex a special deal, such as cheaper drinks for women. ‘Women
only’ or ‘men only’ nights, lunchtimes, or events — even if they
u Following the law
are confined to one area of the hotel — could also be against
u Check your hotel’s the law, unless you provide similar events, or time slots, for the
employment other sex. It could also be against the law to only allow large
practices
groups of women into the hotel, while barring large groups of
u How to handle a men under the same circumstances.
complaint
u More information continued next page
u Sample policies
20
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u What is in these Dealing with sexual harassment Sexual Harassment

guidelines Case decided by the Anti-
It is a hotelier’s legal responsibility to make sure that their Discrimination Tribunal, QLD,
u How Anti- hotel is free of sexual harassment in the way it provides
Discrimination law The QLD Anti-Discrimination Tribunal
goods and services. The hotelier should make it clear to
affects hotels found that a hotel proprietor sexually
staff that sexual harassment of customers or staff members
u Direct and indirect will not be tolerated and that staff will be disciplined harassed a female employee for
discrimination if they engage in harassing behaviour. Also, the hotel the five months she was employed
should have clear policies concerning acceptable conduct at a hotel in 2002. The harassment
u Harassment
between customers and staff on its premises included inappropriate comments
u Victimisation the proprietor made to the
continued next page employee both privately and in
u Vilification
front of customers, and touching
u Legal responsibility her inappropriately in circumstances
where it might have appeared
u Following the law
accidental or innocent.
The hotel proprietor was ordered
employment
by the Tribunal to pay the woman
practices
$12,675 in damages and costs, and
u How to handle a to publish an apology in the town’s
complaint newspaper to acknowledge the ‘hurt,
u More information humiliation and embarrassment’ he
caused by his conduct.
u Sample policies
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u What is in these Dealing with racial, homosexual, HIV/AIDS or Example of discrimination

guidelines transgender vilification If racially vilifying comments are
u How Anti- Vilifying graffiti on any of the hotel’s property should be made in a hotel car park between
Discrimination law customers, this could be racial
removed as soon as practicably possible to ensure that vilification, depending on the severity
affects hotels
the hotel is not seen as agreeing with or promoting public of the comments.
u Direct and indirect statements that could be against the law. If you know
discrimination who is responsible, they should be warned that that sort
u Harassment of behaviour is unacceptable and may be against the
vilification law. If there is vilification between customers in
u Victimisation
the hotel they should be warned as well. If such behaviour
u Vilification continues you may need to remove or bar the people
involved. For more information about vilification, ask the
Anti-Discrimination Board for a copy of their vilification fact
u Following the law sheet or go to their website.
continued next page

employment
practices
u How to handle a
complaint
u More information
u Sample policies
22
4
u What is in these Providing access and services for people with Disability discrimination
guidelines disabilities Case decided by the NSW
Administrative Decisions Tribunal
u How Anti- Most hotels have a very good record of providing access to People with disabilities are entitled
Discrimination law
all their facilities for people with disabilities. Ramps and other to access public facilities unless
affects hotels
forms of access for people with disabilities should be provided providing access would impose an
u Direct and indirect whenever the expense of installing them is reasonable. People unjustifiable hardship on the owner.
discrimination in wheelchairs should be allowed to use their wheelchairs on A man claimed disability
discrimination because he couldn’t
u Harassment the dance floor if it is safe to do so. access his local swimming pool.
continued next page The car park was 75 metres from
u Victimisation the pool and he was unable to walk
that far. There was a service road
u Vilification
and vacant area next to the pool
but he was not allowed to use it.
Management argued that it had
u Following the law fulfilled it’s obligations because there
was a path to the pool from the car
u Check your hotel’s park and he could use a wheelchair
employment (he didn’t have a wheelchair).
practices The Tribunal decided that
providing car access for people
u How to handle a
who had disabilities and couldn’t
complaint walk from the main car park would
not be an unjustifiable hardship
u More information
for the pool owners. The cost was
u Sample policies
reasonable and other people
would also benefit.
23
4
u What is in these Rooms and accommodation Homosexual discrimination

guidelines Complaint handled by the Anti-
It is against the law to refuse a room or accommodation to Discrimination Board
u How Anti- someone because of their race, sex, pregnancy, marital or
Discrimination law A woman wrote to us saying that
domestic status, disability, homosexuality, age or transgender a hotel had refused to let a room
affects hotels
status. This also applies to hiring out part of the premises for to her and her partner because
u Direct and indirect meetings or social functions. they are lesbians. In a conciliation
discrimination conference with the woman
Hotels must do their best to make sure that their accommodation and the owner of the hotel, the
u Harassment
is accessible to people with different types of disabilities. A hotel owner agreed to compensate the
u Victimisation may, in certain circumstances, be able to refuse to let a room to complainant by donating a sum
a person with a disability if letting the room would pose a real of money to the complainant’s
u Vilification favourite charity and to give her a
health or safety risk to that individual or other people, or if the
written apology.
u Legal responsibility hotel has no suitable rooms available. A room should only be
refused if it is reasonable, taking into account the facts of that
u Following the law
particular case. If a hotel has rooms designed to accommodate
u Check your hotel’s guests with disabilities it is advisable that these are kept free until
employment all other rooms in the hotel are booked, so they are more likely to
practices
be available if a disabled person arrives.
u How to handle a
complaint A hotel can also refuse accommodation if it is reasonably clear
that the customer won’t be able to pay for it. However, a hotel
u More information
must not assume that someone won’t be able to pay because
u Sample policies they happen to be a certain race, sex, age, and so on, as this
continued next page

24
4
u What is in these would be unlawful discrimination. There should be reasonable

Example of discrimination
guidelines grounds for the decision, unrelated to the person’s race, sex,
sexual preference, etc. Under the Anti-Discrimination Act
u How Anti-
and the Companion Animals Act
Discrimination law
The following situations could also be against the law: 1998, guide dogs accompanying
affects hotels
someone with a vision impairment
• refusing accommodation to a person because they are
u Direct and indirect and hearing dogs accompanying
discrimination
accompanied by a guide or hearing dog could be disability
someone with a hearing
discrimination; impairment are allowed into the
u Harassment
• not letting a double room to a couple because they aren’t hotel and its facilities, including
u Victimisation married could be marital status discrimination; places where food is served. These
• not letting a double room to two men or two women dogs are very well trained and are
u Vilification
because you think they might be, or they are, homosexual unlikely to cause any problems.
u Legal responsibility could be homosexual discrimination;
A taxi driver learned the hard way
u Following the law • refusing to let a room to people who you think might have the folly of refusing someone entry
AIDS could be either homosexual or disability discrimination, because they have a guide dog
u Check your hotel’s depending on the circumstances. Information about AIDS with them. He refused to let the
employment
can be obtained from a Public Health Unit at the NSW Health Federal Disability Commissioner
practices
Department; get into his cab! He was fined $750
u How to handle a
• refusing to let a room to people with children could be and ordered to pay $2500 in legal
complaint fees.
age discrimination, unless the rooms are too small for that
u More information number of people.
u Sample policies
25
Next
Check your hotel’s employment practices (1 of 4 pages)
u What is in these u Hiring staff

guidelines
u How Anti-
u Leave and employment opportunities
Discrimination law
affects hotels u Dress codes while working
u Ending employment
discrimination
u Harassment
u Victimisation
u Vilification
u Following the law

employment
practices
u How to handle a
complaint
u More information
u Sample policies
26
4
u What is in these The following is a brief guide to non-discriminatory

Examples of discrimination
guidelines employment practices. The Anti-Discrimination Board and the
Australian Hotels Association (NSW) have further resources If a hotelier decides to only hire
u How Anti-
to assist employers — for more detailed written information male staff at night for security
Discrimination law
or advice please contact the Anti-Discrimination Board or the reasons, this could be sex
affects hotels
AHA (NSW)’s Industrial Relations Department using the contact discrimination.
details given at the end of these guidelines. If a hotelier decides not to hire
discrimination
older employees because they
u Harassment In general, you or your staff must not discriminate against, or
think that they won’t be able to
harass other employees, potential employees or contractors
u Victimisation relate to younger customers, this
because of their sex, pregnancy, race or ethnic group, marital could be age discrimination.
u Vilification status, disability, homosexuality, transgender status or carer’s
responsibilities.
To make sure that you don’t discriminate, it is best to have a
u Following the law
clear written policy on all of the following issues.
employment Hiring staff
practices
u How to handle a
In general, all jobs should be open to everyone, on the basis of
complaint merit, regardless of the applicant’s sex, race, age, marital status,
and so on. Be careful not to make stereotyped assumptions
u More information
about the abilities of particular groups of people.
u Sample policies
In hiring staff a hotelier would be entitled to discriminate
continued next page
27
4
u What is in these against an applicant who is under 18 years of age and who
guidelines therefore would not be able to enter the restricted areas and
should only be in the authorised areas when in the company Employees should be allowed
u How Anti- to take time off for medical
Discrimination law
of a responsible adult. Such an employee would not be able to appointments if this is reasonable.
affects hotels carry out any duties relating to the sale of liquor or gaming. If refused this could be disability
discrimination.
discrimination
Leave and employment opportunities A hotelier should allow staff who
All staff, including casual staff, should be treated fairly and have children to be promoted
u Harassment into supervisory or managerial
equally when it comes to rates of pay, recreation leave, sick positions. If not, this could be
u Victimisation leave, maternity leave, training opportunities, shift rosters and age or carers’ responsibilities
u Vilification promotion opportunities. discrimination.
Dress codes while working
u Following the law
In general employers may impose reasonable standards of
u Check your hotel’s dress and appearance for staff. Some examples are:
employment
practices
• employers may require men and women to have their
hair a certain length or for it to be tied back for legitimate
u How to handle a occupational health and safety reasons;
complaint
• employers may require professional as opposed to casual
u More information dress where reasonable in relation to the nature of the work
performed;
u Sample policies
continued next page
28
4
u What is in these • employers may require, in addition to an acceptable black

guidelines and white combination, a special uniform supplied by the
employer as required under the relevant award; If female employees are allowed
u How Anti-
to wear earrings, then male
Discrimination law • employers may require staff to only wear jewellery of a
employees should be allowed to
affects hotels particular type, such as sleepers, or cover tattoos or body
wear earrings.
piercings.
discrimination In general, Muslim employees
However in all these cases, the standards should be
should be allowed to wear a
u Harassment comparable for men and women and should not unreasonably
headscarf. If not, this could be
impact on groups covered by anti-discrimination law. For
u Victimisation indirect race discrimination.
example, some people wear particular clothing or jewellery, However, it won’t be against the
u Vilification or have body tattoos or beards as part of their ethno- law to ask for someone to wear a
religious observations. Any dress codes should accommodate headscarf in a particular colour to
such ethno-religious needs. Also, any uniforms provided match a uniform.
u Following the law should be appropriate for both men and women, including
pregnant women, and should take account of ethno-religious
considerations.
employment
practices Examples of discrimination
Ending employment
u How to handle a If a hotelier disciplines male
complaint Staff should be treated fairly in relation to disciplinary employees more harshly than
measures, issuing of warnings and dismissal arrangements. female employees, this could be
u More information
sex discrimination.
u Sample policies
29
4
How to handle a complaint (1 of 2 pages)

u What is in these What to do if there is a complaint against your hotel
guidelines
A hotelier may have to deal with complaints from customers, contractors and staff.
u How Anti-
Discrimination law • Someone within the hotel should be delegated to investigate internal complaints, such as a
affects hotels supervisor, manager or the hotelier.
• Depending on the seriousness of the complaint, the complaint could be verbal or in writing.
discrimination • Complaints should be handled quickly, within specific time frames, sensitively, impartially, fairly,
confidentially and free of unfair repercussions or victimisation.
u Harassment
• The person investigating the complaint should get the other side of the story, either verbally or
u Victimisation in writing.
u Vilification • The investigator then needs to weigh up both sides of the story and make a decision based
on what is most likely to have happened. If someone is found to have discriminated against or
harassed another person, they should be disciplined in accordance with AHA (NSW) guidelines.
u Following the law
For more information about AHA (NSW) grievance procedures, contact the AHA (NSW)’s Legal and
u Check your hotel’s Industrial Affairs Department using the contact details given at the end of these guidelines.
employment
practices Sample hotel complaint form
u How to handle a
continued next page
complaint
u More information
u Sample policies
30
4
How to handle a complaint (2 of 2 pages)

u What is in these How someone can make a complaint to the Anti-Discrimination Board
guidelines
If someone believes they have been discriminated against or harassed by a hotelier or one of
u How Anti- their employees, they have the right to complain to the Anti-Discrimination Board of NSW.
Discrimination law
affects hotels The Board is responsible for investigating complaints of unlawful discrimination, sexual harassment,
u Direct and indirect victimisation and vilification, and does not take sides. The Board will investigate the complaint, and
discrimination if it appears that unlawful behaviour has occurred it may call a conciliation conference to get the
parties together to see if they can resolve the complaint.
u Harassment
u Victimisation An agreed settlement will depend on the circumstances of the case. The outcome could be:
u Vilification
• that the person is no longer barred from the hotel;
• that the person gets the job they applied for;
• that the hotel runs an education program to make sure that people aren’t discriminated against
u Following the law in future;
u Check your hotel’s • that the hotelier pays some financial compensation to the person who complained.
employment
practices
Most complaints are conciliated. If a complaint can’t be conciliated, it may be possible for the
person who complained to go to the Equal Opportunity Division of the Administrative Decisions
u How to handle a Tribunal (the Tribunal). If a complaint is heard at the Tribunal it will usually become a public matter.
complaint This means the media will be able to report it.
u More information
It is also against the law for anyone to victimise someone for making a complaint to the Board —
u Sample policies even if their complaint turns out to be unfounded.
Anti-Discrimination Board complaint form
31
Next
More information
u What is in these You can get further advice or information from the Australian Hotels Association of NSW, the Office
guidelines of Liquor and Gaming or the Anti-Discrimination Board of NSW. All offices of the Anti-Discrimination
u How Anti- Board have a specialist Employers Advisory Service.
Discrimination law
affects hotels Anti-Discrimination Board of NSW
Opening hours – 9am – 1pm and 2pm – 4pm, Monday to Friday
Sydney Wollongong Newcastle
discrimination Level 4 84 Crown St Level 3
u Harassment
175 Castlereagh St WOLLONGONG NSW 2500 97 Scott St
SYDNEY NSW 2000 ph (02) 4267 6200 NEWCASTLE NSW 2300
u Victimisation ph (02) 9268 5555 fax (02) 4267 6261 ph (02) 4903 5300
fax (02) 9268 5500 TTY (02) 4267 6267 fax (02) 4903 5376
u Vilification *TTY (02) 9268 5522 TTY (02) 4929 5389
*TTY — telephone typewriter for deaf or hearing impaired persons
Enquiries Line/Employers Advisory Service — ph (02) 9268 5544
u Following the law Toll free number 1800 670 812 if you are calling from outside the Sydney area
Website — http://www.lawlink.nsw.gov.au/adb
employment
Australian Hotels Association (NSW) & Office of Liquor, Gaming and Racing
practices
Tourism Accommodation Australia (NSW) Level 6
u How to handle a Level 15, Hudson House 323 Castlereagh Street
complaint 131 Macquarie Street Haymarket
Sydney NSW 2000 Ph: 02 9995 0300
u More information Ph (02) 9281 6922 Fax: 02 9995 0669
Legal and Industrial Affairs Direct Line — (02) 8218 1855 http://www.olgr.nsw.gov.au
u Sample policies http://www.ahansw.com.au
32
4
Sample EEO and Harassment Policies

u What is in these A sample EEO policy and sample harassment policy have been developed to assist Hotel
guidelines management in implementing non-discriminatory employment practices.
u How Anti- There are provided in Rich Text format (RTF) and are able to be amended to include your Hotel’s
Discrimination law
name and appropriate contact names.
affects hotels
u Direct and indirect To open these documents click on the links below*. You can also open these documents directly by
discrimination going to the Sample_Policies folder.
u Harassment
u Sample EEO policy
u Victimisation
u Vilification
u Sample Harassment policy
u Following the law

employment
practices * On some Windows computers these sample policies will open in a window behind this presentation. To view the sample
policies do ONE of the following:
u How to handle a 1. Press the Esc key on the top left of your keyboard. This will minimise this presentation, you will then be able to access the
complaint sample policy documents by clicking on their title on the task bar at the bottom of you screen.
2. Click on the Quit button above, this should enable you to see the sample policy document. (You will need to reopen this
u More information presentation if you want to continue browsing)
3. Open the documents directly by going to the Sample_Policies folder and double-clicking on the Sample Policy you wish
u Sample policies
to view.
33

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Anti-Discrimination Guidelines

for the Hotel and Accommodation Industry

What is in these guidelines

u Following the law

u Check your hotel’s

How anti-discrimination law affects hotels (1 of 3 pages)

u What is in these Role of the NSW Anti-Discrimination Board

How anti-discrimination law affects hotels (2 of 3 pages)

u What is in these Anti-Discrimination law

How anti-discrimination law affects hotels (3 of 3 pages)

u Following the law

u Direct and indirect Indirect discrimination Example of indirect discrimination

Sexual and other types of harassment (1 of 2 pages)

u What is in these Sexual harassment

Sexual and other types of harassment (2 of 2 pages)

u What is in these Harassment Complaint handled by the

u Check your hotel’s

u What is in these Generally, the hotelier is responsible for ensuring that

Legal responsibility for following

Following the law (1 of 13 pages)

u What is in these u Check the services your hotel provides

u Harassment u Dress rules

u Following the law u Dealing with racial, homosexual, HIV/AIDS or transgender

Following the law (2 of 13 pages)

u What is in these Check the services your hotel provides

Following the law (3 of 13 pages)

u What is in these Refusing entry, service or barring people Refusal of Service

Following the law (4 of 13 pages)

u What is in these accordance with a condition on the licence or consented to as

Following the law (5 of 13 pages)

Following the law (6 of 13 pages)

Following the law (7 of 13 pages)

u What is in these Dress rules Example of discrimination

Following the law (8 of 13 pages)

u More information continued next page

Following the law (9 of 13 pages)

u What is in these Dealing with sexual harassment Sexual Harassment

Following the law (10 of 13 pages)

u What is in these Dealing with racial, homosexual, HIV/AIDS or Example of discrimination

u Check your hotel’s

Following the law (11 of 13 pages)

Following the law (12 of 13 pages)

u What is in these Rooms and accommodation Homosexual discrimination

continued next page

Following the law (13 of 13 pages)

u What is in these would be unlawful discrimination. There should be reasonable

Check your hotel’s employment practices (1 of 4 pages)

u What is in these u Hiring staff

u Following the law

u Check your hotel’s

Check your hotel’s employment practices (2 of 4 pages)

u What is in these The following is a brief guide to non-discriminatory

Check your hotel’s employment practices (3 of 4 pages)

Check your hotel’s employment practices (4 of 4 pages)

u What is in these • employers may require, in addition to an acceptable black

How to handle a complaint (1 of 2 pages)

How to handle a complaint (2 of 2 pages)

Sample EEO and Harassment Policies

u Following the law