Luxury Hoteliers Magazine 2nd Quarter 2016 | Page 32

Can a hotel ask a difficult guest not to return? By Tara L. Lattomus If you’ve been in the hospitality industry long enough and have any involvement with the dayto-day operations of a hotel, you’ve probably encountered the difficult guest. You know the one. The guest that has a long list of complaints and is never happy, no matter how accommodating you are and how many ways you attempt to address the complaints, the guest is never happy. If really agitated, the guest may even threaten legal action or to involve the media (social and/or mainstream). 32 ILHA Once a difficult guest finally leaves, can a hotel tell them to “get out and stay out”? Maybe, but with caution. What is clear is that antidiscrimination statutes prevent a hotel from refusing service to a guest based upon a number of protected classes. Under federal law, public accommodations cannot discriminate against or segregate guests based upon race, color, religion or national origin. Public accommodations include inns, hotels and motels. The Americans with Disabilities Act also prohibits discrimination based upon disabilities. In addition, the states have individual anti-discrimination laws that cover discrimination based upon other characteristics. Delaware, for example, also includes age, marital status, creed, sex, sexual orientation and gender identity. But even guests who are not members of a protected class may find protection under the