‘Precedent-Setting’ ADA Complaint Settled with Hilton Hotels

posted on Nov 10 by Amelia in the Advocacy, Disability Discrimination, Disability Law, Disability News, Wheelchair Accessibility, Wheelchair Accessibility Laws category

Hilton Worldwide, Inc. and the US Department of Justice announced an agreement on November 10, 2010 that 900 hotels in the chain would now be more accessible to guests with disabilities.  Prompted by allegations, Hilton must comply with a consent decree for failing to meet the requirements of the Americans with Disabilities Act.  This marks the first time the Justice Department has required a franchiser to make such a sweeping survey of all its facilities so that the company can certify that the hotels comply with the Americans with Disabilities Act.

“Persons with disabilities who travel for pleasure or business must be able to count on getting the accessible room they reserved, and the hotel must provide the choice of amenities that everyone comes to expect from a major national hotel chain like Hilton,” said Thomas Perez, head of the Justice Department’s civil rights division.

The Justice Department alleges that Hilton Hotels failed to provide the required number of accessible rooms, didn’t allow people with disabilities to reserve the rooms through an online system or by phone, and that they failed to disperse the rooms among the various categories of hotel accommodations.

The hotel chain agreed to review all of the hotels it owns or are part of joint ventures built after January 1993 for compliance with the law and regulations of the 1990 Americans With Disabilities Act. Hilton runs hotel chains including Hampton Inn, Doubletree and Waldorf-Astoria.

As part of the consent agreement, Hilton must survey and bring into compliance all its U.S. hotels built after January 26, 1993 – the date the ADA regulations for public accommodations and commercials took effect.  In addition, the hotel chain must also upgrade its reservation system to allow people with disabilities to reserve accessible rooms, appoint a national ADA compliance officer, pay a $50,000 civil penalty, give staff ADA training, and do the same for all future hotels.

Hilton agreed to bring into compliance any of those hotels that were not ADA compliant, including ensuring that accessible rooms have roll-in showers and tubs as well as providing accessible rooms to those who have impaired hearing. For hotels that are franchise-owned or managed, Hilton agreed to require the owners to survey the properties for compliance with the Disabilities Act’s requirements when those agreements are renewed.

In a statement issued Tuesday, Hilton’s Worldwide president, Christopher J. Nassetta, said: “Hilton Worldwide is pleased to take further steps to provide our guests with disabilities the accessibility in accommodations they expect from an industry leader.”