Ned NoMad to Pay $100,000 in EEOC Disability Lawsuit

NEW YORK – Entities that own or operate The Ned NoMad hotel and members’ club in Manhattan will pay $100,000 to one former employee to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, The Ned NoMad refused to accommodate an employee who provided a medical note stating that her knee condition limited her standing or walking to 30 minutes. The employee needed to use a stool only while at the host stand performing clerical work and checking guests in; she was able to perform all the essential functions of her host job, including walking guests to their destination in the hotel. The hotel refused to allow her to use a stool and terminated her employment.

Such alleged conduct violated the Americans with Disabilities Act (ADA), which requires employers to provide reasonable accommodations for employees with disabilities. The EEOC filed suit in U.S. District Court for the Southern District of New York (EEOC v. TNNY Hotel, LLC, Ned NY 28th, LLC, Soho House & Co Inc., and TNNY Restaurant, LLC, Case No. 1:24-cv-6487) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to $100,000 in monetary relief to the employee, the consent decree resolving the litigation enjoins the Ned NoMad from denying reasonable accommodations to employees with disabilities because of image or guest-preference concerns. It also requires The Ned NoMad to update its employee handbook to identify the provision of a stool to a host as a possible reasonable accommodation; train its managers and employees on the provision of reasonable accommodations; and regularly report to the EEOC on its handling of accommodation requests and complaints of disability discrimination.

“This is the third ADA lawsuit the EEOC has successfully resolved in recent years against New York City hotel employers for allegedly refusing to provide the accommodation of the use of a seat to guest-facing employees,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office. “It’s well past time the industry got the message: there’s nothing chic—or legal—about denying reasonable accommodations to employees with disabilities.”

Arlean Nieto, acting director of the EEOC’s New York District Office, said, “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. The EEOC is committed to enforcing the ADA to protect the rights of all workers.”

“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,” said trial attorney Daniel Seltzer.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC’s New York District Office is responsible for processing discrimination charges, administrative enforcement, and the conduct of agency litigation in Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Source: U.S. Equal Employment Opportunity Commission (EEOC.gov)