Water and decency for workers in short supply at the El San Juan

Noticias desde la Gastronomica — July 22, 2009

Hery Adorno, a doorman for almost 20 years at the El San Juan Hotel, wonders each day if it will be his last. "I am afraid I will die of a stroke because management will not allow me to take a sip of water so that I can take my medicine when I feel faint," he admitted to Liz Guerra, a union organizer. "It is so hot in the summer sun. When I start to feel faint from the heat, I must take my medication so that I do not pass out. But now I cannot, for fear of getting caught by management, which only makes my situation worse by increasing the stress I experience on the job."

Last month, Hery received an unsatisfactory performance evaluation and verbal warning from Yvonne Ramos, the Assistant Front Desk Director at the El San Juan. Ramos claimed she saw Hery drinking juice out in front of the hotel while working, and felt it was inappropriate. She did not warn him immediately, but waited almost a week to do so. Sandra Castro and Jacqueline Pietri, both assistants to the HR Director, were also present at the evaluation. Hery countered their claims and explained that he did not drink any juice, but in fact took a sip of bottled water that he kindly received from one of the taxi drivers that day, so that he could hydrate himself and take his hypertension medication. He recalled that he quickly put the water bottle down behind his station, and went on to explain that he only takes his medicine in an emergency situation, and is very discreet about it.

Federal law protects workers from having to disclose their medical histories to employers. Hery, however, told Liz Guerra that he would be willing to disclose to the El San Juan management the details of his medical condition, if they would be willing to rescind his poor performance evaluation. He has already explained to management his need to take his medication when he feels his health is at risk. Unfortunately, the El San Juan has stood firm in its decision to keep the evaluation on record, regardless of whether Hery discloses details of his health record or not.

"I want to be healthy and do my job to the best of my ability, but management has made it clear that they are not interested in my health and welfare," Hery sadly explained. "Why should I have to work in constant fear of being fired for taking a sip of water while working in the sun all day, or for taking my medication for a condition made only worse by these managers? Even my family worries that each day I leave for work will be my last. Can you imagine what this is like?"

Hery Adorno and union representatives will be meeting with the El San Juan management in a few weeks to discuss this situation further. "I am so glad I have the union to help me. You know, I am a veteran and I served my country with honor many years ago. Now I find myself fighting for my rights and fighting to restore the dignity these managers took from me. I just don't understand why they feel the need to cause fear and suffering," Hery wondered. "It goes against the laws of human decency."

Local 610 President Felix Mejias had this to say about the case: "Because the grievance process in the El San Juan contract is so weak, and management is predictably so unreasonable, it is very likely that the union will have to resolve this particular injustice at the bargaining table in the coming contract negotiations. I will be interested to see what Hilton's negotiators have to say about Ms. Ramos' behavior toward Mr. Adorno."