The Dish | December 2021

The Dish A

P U B L I C A T I O N O F T H E N E W H A M P S H I R E L O D G I N G & R E S T A U R A N T A S S O C I A T I O N

Issue No. 12 • December 2021 • Cover Photo: Copper Door Restaurant

LGBTQ+ Rights

Industry Trends

Live Well, Work Well

The latest legal clarifications to workplace protections.

Prepare for 2022 with a look at what's hot.

How to create a psychologically safe environment.

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Inside YOUR GUIDE TO ISSUE NO. 12

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New England Food Show Registration

An exclusive promo code for NHLRA members

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New Hampshire 200 List

Mike Somers named one of NH's most influential leaders

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Restaurant Gift Card Statistics

The latest figures to inspire your gift card sales

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Legal Update

EEOC tackles the hot topics of LGBTQ+ rights and technology/artificial intelligence

The best elves ever at Atkinson Resort & Country Club.

A merry "grinchmas" at Galley Hatch.

11 Industry Trends

Prepare for 2022 with a look at the latest trends

11 Webinars to Watch

Our NHLRA Workforce Series is now available on-demand

13 Live Well, Work Well How to create a psychologically safe work environment

15 Hotel Survey Results How supply chain issues are impacting hotels

Cover photo by Copper Door Restaurant, which recently celebrated its 15th anniversary.

Another successful Winterfest at Backyard Brewery.

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2022 Chair of the Board

John Dunn Michael Timothy's Dining Group 2022 VIce Chair of Lodging

Molly Rice-Norby Woodstock Inn Station & Brewery 2022 Vice Chair of Restaurants

Nicole Barreira Great NH Restaurants NHLRA President and CEO

Mike Somers NHLRA Director of Education and Workforce Development

Amie Pariseau NHLRA Membership & Business Development Director

Samantha MacDonald NHLRA Social Media and Marketing Manager

Pamela Baker NHLRA Office and Events Manager

AubreyLynn Goodale 815 raised $728 for the FMAS Animal 815 raised $728 for the Shelter at their “Down for FMAS Dogs”Animal yoga Shelter at their “Down for Dogs” yoga and brunch.

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MIKE SOMERS HONORED AS ONE OF NH’S MOST INFLUENTIAL BUSINESS LEADERS Mike Somers, President and CEO of the New Hampshire Lodging & Restaurant Association (NHLRA), was honored by NH Business Review as one of the most influential hospitality leaders in the second bi-annual New Hampshire 200 list. The New Hampshire 200 is the product of a year-long research initiative by the editors of NH Business Review, The NHLRA staff.

resulting in an insightful and engaging look at the state’s most influential business leaders across major industries.

During his 12 years at the helm of the NHLRA, Mike Somers has led the fight to protect NH's hospitality industry. He's delivered on bold legislative strategies, created new partnerships, and helped the association and industry as a whole navigate unprecedented crises during both the Great Recession and COVID-19

Several NHLRA members were also recognized.

pandemic.

He's also answered every call from owners and employees looking to speak to him, helps his staff with everything from IT problems in the office to setting up for events, and is a dedicated husband and father to his wife, Tracy, and their two kids.

Congratulations, Mike, on this recognition! We're grateful for your dedication and leadership in building a strong association and thriving hospitality industry here in NH.

NH Business Review celebrated the New Hampshire 200 during a reception on December 9 at the DoubleTree by Hilton Manchester Downtown.

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EEOC TACKLES CONTROVERSIAL TOPICS OF LGBTQ+ RIGHTS AND PROGRAM ALGORITHMS

By Christopher T. Vrountas, Esquire and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.

As we prepare to turn the calendar to 2022, employers should be aware that in the last half of 2021, the United States Equal Opportunity Commission (“EEOC”) has tackled the hot topics of LGBTQ+ rights and technology/artificial intelligence. Briefly, here is what the EEOC has been up to in that regard:

LGBTQ+ RIGHTS Earlier this year, the EEOC announced the release of new LGBTQ+ resources for

employers, employees, and applicants. The resources, which in part include FAQs, are intended to provide education about the rights of lesbian, gay, bisexual and transgender workers to be free from sexual orientation and gender identity discrimination in employment.

The materials are consolidated on one single page found here, and include a technical assistance document to www.nhlra.com | 8

help the public understand the United States Supreme Court’s landmark decision in Bostock v.

Clayton County. That case, which was more fully outlined in our earlier VAC blog post, held that Title VII prohibits an employer from discriminating against an employee because of sexual orientation and/or gender identity. The Court concluded that, by definition, an employer commits sex discrimination in violation of Title VII when it fires an employee because he/she is gay or transgender. In other words, “it is impossible to discriminate against a person for being homosexual or transgender without [also] discriminating against an individual based on sex.”

In its latest technical guidance materials, the EEOC clarifies additional, more specific matters which stem from the Bostock decision. The new materials explain that: Title VII prohibits harassment on the basis of sexual orientation or gender identity, and the use of pronouns or names that are inconsistent with an individual’s gender identity could be considered harassment. In its decision in Lusardi v. Dept. of the Army, the Commission found that although accidental misuse of a transgender employee’s preferred name and pronouns does not violate Title VII, intentionally and repeatedly using the wrong

name and pronouns to refer to a transgender employee could contribute to an unlawful hostile work environment.

Non-LGBTQ+ job applicants and employees are protected against sexual orientation and gender identity discrimination. This means that employers are not allowed to discriminate against applicants or employees because the applicants or employees are, for example, straight or cisgender (someone whose gender identity corresponds with the sex assigned at birth).

Employers’ discriminatory actions cannot be justified by customer or client preferences. This means that it would be discriminatory to keep LGBTQ+ employees out of public-facing positions, or to direct these employees toward certain stores or geographic areas, even if customers requested it.

Employers cannot

discriminate against an employee because the employer believes the employee acts or appears in ways that do not conform to stereotypes about the way men or women are expected to behave. Employers are not allowed to discriminate against men whom they perceive to act or appear in stereotypically feminine ways, or against women whom they perceive to act or appear in stereotypically masculine ways.

Employers cannot require a transgender employee to dress in accordance with the employee’s sex assigned at birth.

Employers can have separate, sexsegregated bathrooms, locker rooms, or showers for men and women.

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employee equal access to a bathroom, locker room, or shower that corresponds to the employee’s gender identity. In other words, if an employer has separate bathrooms, locker rooms, or showers for men and women, all men (including transgender men) should be allowed to use the men’s facilities and all women (including transgender women) should be allowed to use the women’s facilities.

DISCRIMINATION IN TECHNOLOGY The EEOC is also tackling the challenges caused by rapidly expanding technology in today’s world. Facebook and Instagram have recently faced intensifying criticism that their products, by design, sow political discourse and degrade self-esteem in their users.

Critics claim that the same algorithms which foster the success of these social media giants also intentionally spread false stories of public interest

under the guise that it is “news.”

The EEOC appears concerned that similar algorithms and other artificial intelligence (AI) used in employment and hiring might similarly have unforeseen adverse consequences on the employment process. In 2016, the EEOC began to examine the issue of AI, people analytics, and big data in hiring and other employment decisions. This year, the EEOC launched a new initiative to ensure that these emerging tools comply with federal civil rights laws that the agency enforces, including Title VII. The EEOC Chair stated that “the EEOC is keenly aware that these tools may mask and perpetuate bias or create new discriminatory barriers to jobs.

We must work to ensure that these new technologies do not become a high-tech pathway to discrimination.”

According to the full news release, the EEOC initiative “will examine more closely how

technology is fundamentally changing the way employment decisions are made. It aims to guide applicants, employees, employers, and technology vendors in ensuring that these technologies are used fairly, consistent with federal equal employment opportunity laws.”

Briefly, the EEOC plans to: Establish an internal working group to coordinate the agency’s work on the initiative; Launch a series of listening sessions with key stakeholders about algorithmic tools and their employment ramifications; Gather information about the adoption, design, and impact of hiring and other employment-related technologies; Identify legally compliant practices with regard to technology; and Issue technical assistance to provide guidance on algorithmic fairness and the use of AI in employment decisions.

Stay tuned for more information concerning these and other matters as we leave 2021 behind and enter a new year.

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2022 TRENDS REPORTS BACARDI COCKTAIL TRENDS REPORT Here's what consumers will be ordering at the bar in 2022, according to the latest Bacardi Cocktail Trends Report. Consumer craving include premium and canned cocktails, natural and NoLo ingredients, and citrus and spicy flavors. Download the full report here.

NATIONAL RESTAURANT ASSOCIATION'S "WHAT'S HOT" 2022 CULINARY FORECAST As the restaurant industry starts to reset, trends old and new will take the spotlight on menus and in offpremises transactions in the coming year. For the What’s Hot 2022 Culinary Forecast, the Association partnered with the professional chefs of the American Culinary Federation, who share what they foresee will reign on menus in the coming year. The report cites the Top 10 Trends overall and the leading trends in 12 categories, including daypart occasions, menu categories, beverages, flavors, global inspirations, packaging/offpremises trends, and industry macro-trends. Download the report here.

NHLRA Workforce Series

NHLRA WEBINARS ON DEMAND Catch up on the NHLRA Workforce Series events that you might have missed!

This fall, the NHLRA brought its members several free webinars focused on hot topics and frequently asked questions. You can find these webinars on-demand on our YouTube Channel or in the "Webinars" folder in the NHLRA mobile app.

NH Department of Labor Overview Navigating the J-1 Visa Process

Navigating the H-2B Visa Process Employer Services: Recruit and Retain Staff with New Hampshire Employment Security

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HAVE A QUESTION OR CONCERN? Membership in the NHLRA means being a part of the only organization in the state dedicated to protecting, promoting, and educating our hospitality industry.

Contact us for questions or to share what issues are affecting your business. We're here for you.

GOVERNMENT AFFAIRS: Mike Somers msomers@nhlra.com MEMBERSHIP AND BUSINESS DEVELOPMENT: Samantha MacDonald smacdonald@nhlra.com EDUCATION AND WORKFORCE DEVELOPMENT: Amie Pariseau apariseau@nhlra.com SOCIAL MEDIA AND MARKETING: Pamela Baker pbaker@nhlra.com OFFICE AND EVENTS: AubreyLynn Goodale apaquette@nhlra.com

MEMBER SOLUTIONS Save time and money with the NHLRA's endorsed service providers.

MUSIC LICENSING Members save up to 20% off music licensing fees for BMI and 10% off SESAC. HEALTHCARE SOLUTIONS Lower healthcare spending by 20% while improving employee experience through our Association Health Plan.

COMPLIANCE PORTAL Including risk management and safety tools, compliance support, and templates for training and safety manuals.

DENTAL INSURANCE Save up to 15% on dental insurance rates through our group buying program.

401(k) PROGRAM Establish a 401(k) program with minimal overhead under an NHLRA umbrella plan.

CREDIT CARD PROCESSING Receive a discount of up to 10% off of processing fees.

LIQUOR LIABILITY INSURANCE Save up to 20% off your liquor liability insurance premium.

PROPERTY INSURANCE You may be eligible for a 5% discount on property insurance.

MUSIC LICENSING

NHLRA OFFICE: (603) 228 - 9585 info@nhlra.com

Members receive an exclusive 10% discount on the subscription price and a 30-day free trial.

LEGAL SERVICES 30 minutes of free legal advice per incident, issue, or matter.

Need to retain their services? Receive a discounted rate.

WORKERS' COMP INSURANCE Our self-funded worker's comp trust returns dividends (on average) of 20-35%. www.nhlra.com | 17

DECEMBER RENEWALS AND FALL NEW MEMBERS Thank you to these renewing members!

401 Tavern Attitash Mountain Service Company LLC Bedford Village Inn Black Swan Inn B&B Boston Billiard Club & Casino Clark's Trading Post

Dennis Paper and Food Service Flag Hill Winery, Distillery, Catering, and Events Henniker House Bed & Breakfast Inn at Valley Farms Island Hospitality Management Maine Course Hospitality Group MT's Local Kitchen & Wine Bar

New Woodshed Nootka Lodge Notch Hostel LLC Oar House Restaurant Polly's Pancake Parlor Purity Spring Resort Revival Kitchen & Bar The Brook The Notchland Inn White Mountains Attractions

Welcome to these new members!

Boston Restaurant Group Greater Keene and Peterborough Chamber

Grill 603 Waterhouse Restaurant

NHLRA's ServSafe Manager Certification Course

Help your team protect against foodborne illness with the NHLRA's ServSafe training. The program blends the latest FDA Food Code, food safety research, and years of food sanitation training experience.

Register or find a class near you at: https://www.nhlra.com/servsafe.html

JANUARY CLASSES January 4 - Concord January 11 - Manchester January 18 - Nashua January 25 - Lebanon January 28 - Portsmouth www.nhlra.com | 18

16 Centre Street Concord, NH 03301 | (603) 228 - 9585 | nhlra.com