The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. The answers to these frequently asked questions represent the views of the staff of the Office of the Whistleblower. The Commissions Law Enforcement Bureau conducted an investigation and found evidence that Complainant's supervisor made inappropriate and illegal comments based on stereotypes, including telling Complainant, "It is very selfish of you to have all these children you cannot take care of," "You should use birth control," and, "When are you going to stop having babies?" All Respondents agreed to attend training on the NYC Human Rights Law, and Mulberry and Alpha also agreed to update their policies and put up Commission notices to educate tenants and workers about fair housing, disability rights, and the NYC Human Rights Law. Simply Amazing LLC d/b/a Amazing Savings Agrees To Revise Its Age-Based Admissions PolicyThe Commission responded to a tip from the public that Respondent had posted a notice that no customers below the age of 16 were allowed in the store. Respondent Chipotle required the employee to provide medical documentation to be excused from heavy lifting, which violates the NYC Human Rights Law and refused to provide her with a reasonable accommodation. Yodle and the Commission entered into a conciliation agreement requiring Yodle to pay $5,000 in civil penalties and to continue to comply with the NYCHRL in its employment applications. The Family and Medical Leave Act (FMLA), 29 U.S.C. Following the Law Enforcement Bureaus investigation, the Commission, Complainants, and Respondent entered into a conciliation agreement requiring Respondent to pay Complainants $2,000 in emotional distress damages; attend training on the NYC Human Rights Law; create and implement an anti-discrimination policy; and post the Commissions Notice of Rights and Service Animals Welcome posters. 2601, et seq ., is an important law that allows employees in need to . EEOC RETALIATION LAWSUIT- $165,000 Settlement November 2, 2020 Chicago District Office 230 S. Dearborn St. Suite 2920 Chicago, IL 60604 CONTACT: Elizabeth Banaszak, Trial Attorney. Memorial Sloan Kettering Cancer Center Pays $100,000 Damages and Penalties For Failing to Engage In a Cooperative Dialogue When a Reasonable Accommodation was RequestedAfter recovering from a stroke, Complainant was permitted to return to work part-time for six months as a reasonable accommodation, after which she would be required to return to work full- time. 2020 Settlement Highlights Among the Commission's 2020 Settlements, fashion retailer Zara agreed to pay $30,000 in emotional distress damages and work to create employment opportunities for transgender, gender non-conforming, and non-binary New Yorkers ( March ). CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees. The Commission, the Complainant and Respondent entered into an agreement for Respondent to pay Complainant $5,000 in emotional distress and a civil penalty of $7,500. The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. The settlement came almost one year before the case was set for a jury trial in federal district court in Richland, WA. In this instance, they may turn to civil litigation, which will not require a trial. The lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. Dodd-Frank also created a private right of action that gives whistleblowers the right to file a retaliation complaint in federal court. Receipts that included a claim for retaliation decreased by 10.4%. Tamosaitis agreed to a settlement of his federal retaliation lawsuit against Hanford contractor URS for $4.1 million dollars. The Commission and Respondents reached a settlement agreement that required them to pay $10,000 in civil penalties; make changes to ensure their policies were compliant with the source of income provisions of the Law; attend training; send notices about the Law to Respondents agents; and post notices of rights in the buildings they own throughout New York City. Doctors Office Pays $47,500 in Damages and Penalties in National Origin, Citizenship Status, and Gender Discrimination CaseAn employee in a doctors office reported that her supervisor subjected her to a hostile work environment during her four-month employment by making discriminatory comments about her national origin, citizenship status, and gender. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Virgin Atlantic agreed to pay $18,000 in emotional distress damages to Complainant, develop a new policy regarding disability accommodations compliant with the NYC Human Rights Law, post the Commissions Notice of Rights, and provide training on the NYC Human Rights Law and disability accommodations to all human resources personnel. After an investigation, the Commissions Law Enforcement Bureau issued a probable cause finding. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. Commission-Initiated Case Settles Against Landlord-Respondent Who Denied Voucher Holder for $7,500 and Set-Aside ApartmentsAfter testing revealed discrimination based on an applicants use of a rental assistance voucher, the Commission initiated and settled a case with 220 72nd Street Realty Corp. In the Matter of Guggenheim Securities, LLC, SEC v. Collector's Coffee, Inc. (d/b/a Collectors Cafe), and Mykalai Kontilai, In the Matter of Homestreet, Inc. and Darrell Van Amen, In the Matter of Anheuser-Busch InBev SA/NV. Landlord and Broker Settle Source of Income Discrimination Case for $21,000 and Affirmative Relief, Including Set-Aside of Apartments for Voucher HoldersBased on paired testing by the Fair Housing Justice Center contracted by the Commission, the Commission filed a Commission-initiated complaint against Ginesteri Equities and Giovanni Ginestri, a landlord, and Signature Spaces, a broker, alleging source of income discrimination. Enforcement Actions Based on Retaliatory Conduct, SEC v. GPB Capital Holdings, LLC, et al.,21-cv-00583 (E.D.N.Y., filed February 4, 2021), In the Matter of SandRidge Energy, Inc., File No. Shin Gallery Agrees to Settle Disability Discrimination Claim by Creating Reasonable Accommodation Policy and Undergoing TrainingComplainant alleged discrimination by Respondent Shin Gallery for refusing to grant Complainants request for a reasonable accommodation for his disabilities, i.e., CART services, in order for Complainant to attend a public event at the gallery. If you are looking to file a lawsuit, you must first know whether your . Dalton Management Company Settles Complaint Alleging Discrimination on the Basis of Source of Income for $7,000 in Damages to ComplainantComplainant, a prospective tenant, filed a complaint against Dalton Management Company, LLC, the management company of a building where Complainant had applied for an apartment, alleging that she was unlawfully denied housing because of her source of income. A Complainant also filed a complaint against Prada in January 2019. Software People, Inc. Settles EEOC Retaliation Lawsuit U.S. Unfair immigration-related practices. Complainant and Respondents entered into a conciliation agreement requiring Respondents to pay $25,000 in emotional distress and lost housing opportunity damages to Complainant and $15,000 in civil penalties to the general fund of the City of New York. No matter what type of case you are involved with, it is imperative to retain an attorney that is well-versed in the area of discrimination and retaliation. Securitas Security Services Settles Disability Discrimination Case by Paying $15,000 in Backpay, Damages, and Penalties; Agrees to Training, Policy Revisions, and PostingsComplainant filed a disability discrimination complaint against Securitas Security Services alleging a failure to accommodate her disability, constructively terminating her employment, and retaliating against her based on her disability. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law. Heres Why You Need an Attorney. The department also announced the April 28, 2020 settlement of the Title VII claims brought in its lawsuit on behalf of Houston firefighter Paula Keyes. 3-17596 (September 29, 2016), In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, File No. The Complainant reported the name-calling and other hostile interactions to the FDNY's Equal Employment Office (EEO), which, she alleged, failed to take action following an internal investigation. 27 Sports Bar and Caf Settles Pregnancy Discrimination Case for $6,000 in Emotional Distress DamagesComplainant was turned away at the door when she attempted to enter 27 Sports Bar and Caf because she was visibly pregnant. The Respondents were cooperative with the Commissions process and were required to pay $7,500 in civil penalties, make changes to ensure their policies were compliant with the source of income provisions of the NYC Human Rights Law, attend training on the NYC Human Rights Law, send notices about the source of income protections under the NYC Human Rights Law to Respondents brokers and agents, and post notices of rights in their building. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. The Commissions Law Enforcement Bureau conducted an investigation and found probable cause that Respondents raised Complainants rent in retaliation for seeking the order of protection. The Commission and the parties entered into a conciliation agreement requiring H+H to pay the Complainant $140,000 in emotional distress damages, post the Commissions Notice of Rights and distribute the Stop Sexual Harassment Act factsheet, and establish an additional avenue for Equal Employment Opportunity staff to report allegations of harassment and discrimination. Employees also reported that they heard admonishing comments about Muslims by their managers over their communication devices when they asked to take a break earlier than scheduled. The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. Pinnacle Management entered into a conciliation agreement in which they agreed to pay $50,000 in emotional distress damages to Complainant, undergo training on the source of income provisions of the NYC Human Rights Law, post CCHR's "Fair Housing, It's the Law" poster in all business offices and buildings under their control for at least one calendar year, and email all agents and licensed or unlicensed brokers information on the NYC Human Rights Law source of income provisions. New York City Management, LLC and Besen & Associates Pay $40,000 in Damages for Refusing Section 8 Voucher Holder, Changes Policies and Agrees to Training A prospective tenant who received rental assistance through Section 8 filed a complaint alleging that a broker would not allow her to apply for an apartment because of her rental voucher. An Iowa jury recently awarded $80.2 million in punitive damages and $527,872 in compensatory damages to a manager who claimed she was discriminated against because of her sex and retaliated against when she complained of the discrimination. The Law Enforcement Bureau issued a finding of probable cause against the Respondent restaurant and its owners, and thereafter Complainant and Respondents entered into a private settlement agreement resolving the case for $30,000 in damages to Complainant. Alliance Building Services Pays $25,000 in Damages and Penalties for Violations of the Fair Chance ActA job applicant filed a complaint against of discrimination against Alliance Building Services alleging that Alliance Building Services unlawfully inquired into his criminal history prior to a conditional offer of employment and improperly denied him employment on the basis of his criminal history. One of the COVID-19 claims filed earlier this week, although not a class action, prompts me to add a seventh distinct risk for employers: claims by employee "whistleblowers" alleging. A member of RSHs management will also attend training at the Commission. The Complainants were paid $3,000 dollars in emotional distress damages, and the landlord agreed to post the Commission's Notice of Rights and "Fair Housing, It's the Law" poster, and attend the Commission's "Know Your Obligations" training. Please let us know by submitting a tip if you believe that someone has taken any action to prevent you from communicating with the SEC concerning a possible securities law violation. New York Institute of Technology Pays $45,000 in Damages, Penalties, and Attorneys Fees in Fair Chance Act Case, Revises Policies, Conducts Training, and Puts Up PostingsComplaint filed a complaint alleging that she was unlawfully denied a position due to her criminal history after receiving a conditional offer of employment, and that Respondent's application contained a question about criminal history several months after the passage of the Fair Chance Act. Area. Additionally, Respondent LGP agreed to adopt a Patron Non-Discrimination Policy which specifically addresses the right of individuals to use single-sex facilities which most closely correspond to their gender identity and to distribute the Patron Non-Discrimination Policy and training materials to those who do regular business in the terminal. As part of the conciliation agreement Respondent agreed to pay Complainant $30,000 in emotional distress damages, submit its policies regarding the NYC Human Rights Law to the Commission for its review and approval, conduct training on the NYC Human Rights Law for supervisory and managerial employees, and display the Commissions Notice of Rights. O.M.G., Inc. Agrees To Pay $30,000 in Damages and Extensive Affirmative Relief After Terminating a Transgender EmployeeComplainant, who is transgender, worked for O.M.G., Inc. (OMG) as a sales associate. Landlord Agrees to Pre-Complaint Resolution by Accommodating Tenant with Disability, Policy Changes, Training, and PostingsA landlord provided a tenant with a reasonable accommodation for her disability by replacing Complainants bathtub with a walk-in shower, created a reasonable accommodations policy for all current and prospective tenants, agreed to attend the Commissions anti-discrimination training, and to display posters outlining its obligations under the NYC Human Rights Law. Complainant, who saw the help wanted sign again a few months later, alleged that Respondent C Town denied him employment because of his age, race, and color. Complainant alleged that another job could have been found for her as a reasonable accommodation. Mrs. Bee Corp. (Formerly Webster Hall Entertainment Corporation) Agrees To Pay Emotional Distress Damages and Issue a Written Apology in Gender-Based Harassment CaseComplainant, who identifies as gender non-binary, alleged that Respondents former employee subjected them to gender-based harassment and discrimination while they were attending an event at Respondents former entertainment venue. LOS ANGELES - Attorney General Kamala D. Harris today announced that the Bureau of Children's Justice and False Claims Unit of the California Department of Justice has reached a settlement agreement with K12 Inc., a for-profit online charter school operator, and the . The FY 2020 data show that retaliation remained the most frequently cited claim in charges filed with the agencyaccounting for a staggering 55.8 percent of all charges filedfollowed by disability, race and sex. It remains to be seen whether the U.S. Supreme Court's decision in 2020 that discrimination based on sexual orientation and gender identity is prohibited sex discrimination will have an impact on total LGBTQ-based sex discrimination charges filed.. Respondents also agreed to update their policies and procedure on reasonable accommodation requests, to post nondiscrimination notices across their 14 buildings, and for the landlord to also attend an anti-discrimination training. The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. You do not need to reside or work in the United States to be eligible for an award under our whistleblower award program. The investigation by the Commissions Law Enforcement Bureau revealed that LabCorp quickly apologized to the Complainant following the incident and offered to accommodate him in his home. The investigation found that the restaurant owner made one Complainant show the medical device affixed to her body in public and after doing so, denied Complainants service on the basis of one Complainants disability and her service animal. Respondent claimed that other job options were very limited, and that Complainant never recovered from her injuries sufficiently to perform the essential functions of any job. Reduction in pay or hours. LabCorp also posted the Commissions Notice of Rights posters at its Patient Service Centers in New York City and paid the Complainant $1,000 in emotional distress damages. Landlord Pays $5,000 in Damages in Source of Income Discrimination CaseA complainant alleging source of income discrimination based on his attempt to use his HASA voucher brought a complaint against 639 Realty LLC and Affordable Housing Real Estate Corp. All Rights Reserved. What Possible Damages Could Be Awarded to You After a Motorcycle Accident? Despite Complainants explanation that the shorter time was insufficient for her to fulfill her religious obligations, and her repeated requests for reconsideration, Respondents denied her request without explanation. Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. After the Commissions Law Enforcement Bureau found probable cause, Respondents agreed to pay Complainant $14,500 in emotional distress damages, $24,500 in civil penalties, attend a NYC Human Rights Law training, create an anti-discrimination policy, post the Commissions Fair Housing poster, and construct a ramp at the apartment buildings main entrance. It is important to note that lawsuits like the one above are not only common, but can happen without warning. After the Law Enforcement Bureau issued probable cause and referred the case to the Office of Administrative Trials and Hearings, Respondents agreed to pay Complainant $15,000 in damages, pay a $20,000 civil penalty to the general fund of the City of New York, update its anti-discrimination policies, conduct trainings on the New York City Human Rights Law, and post the Commissions Fair Housing poster on its premises. Pacific Street Hospitality Agrees to Policy Changes, Training, and Postings for Discriminatory Admission Policies at Ethyls Alcohol and FoodAfter receiving credible information that Ethyl's Alcohol and Food, a Manhattan bar, had different standards for admitting people based on gender and on sexual orientation, the Commission sent a cease and desist letter and ultimately came to an agreement with Pacific Street Hospitality (PSH), the hospitality group that owns the bar. New York City Fire Department Pays $17,500 in Damages for Gender-Based Harassment Claim; Posts and Distributes Notices of Rights; and Conducts TrainingAn employee of the New York City Fire Department (FDNY) filed a complaint against FDNY and her superiors after a male supervisor continuously referred to her as baby, honey, and other demeaning terms. Exit Realty Central, Landlords, and Broker Agree To Pay $10,000, Attend Training, Create Policies, and Post Notices to Settle Presence of Children CaseRespondent Exit Realty Central (Exit Central), an individual broker, and three individual landlords have agreed to settle a case filed by an applicant, a single mother, who they refused a showing at the landlords unit after the individual broker said she had too many kids. An investigation by the Commissions Law Enforcement Bureau confirmed that the individual broker sent the text message while working for Exit Central. Revenues; Expenses; Assets; Liabilities; Revenues FYE 12/2020 FYE 12/2019 % Change; Total grants, contributions, etc . As EEOC works to address this issue, you can help. The Justice Department also announced the settlement of related retaliation claims filed against Pocomoke City, Maryland that were resolved on Dec. 4, 2019. MMPS of New York paid the Complainant $7,822.87 in back pay, $22,177.13 in emotional distress damages, and $10,000 in civil penalties. Through its investigation, the Law Enforcement Bureau discovered evidence to support allegations that Complainants supervisor made inappropriate sexual comments and subjected Complainant to unwanted touching on multiple occasions. The parties entered into a conciliation agreement in which Respondents paid Complainant $59,500 in full back pay and $10,000 in emotional distress damages; Respondent HSBC paid $30,000 in civil penalties to the City of New York; updated their discrimination policies to comply with the NYC Human Rights Law; posted the Commissions Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Discrimination Notice; and trained all supervisory/managerial employees with hiring responsibilities on NYC Human Rights Law. The patron ultimately decided not to pursue the matter. A Primer on Family and Medical Leave Act (FMLA) Retaliation Claims. Touro also agreed to modify its employee policies to comply with the NYC Human Rights Law as well as train its managers and supervisors on the NYC Human Rights Law. NYC Department of Correction Agrees To Pay $6,000 and Put Up Postings to Settle Former Employees Race and Marital Status Discrimination ClaimComplainant, an investigator for the NYC Department of Corrections, alleged that during an interview for a specialized unit a supervisor asked about his marital status and stated that members of Complainants race never made it on to Respondents team. Property Management Company Firstservice Residential and Housing Provider K&T Realty Associates LLC Pay $16,500 in Damages and Penalties in Citizenship Status Discrimination CaseComplainant filed a complaint alleging that Respondents required her to provide a double security deposit due to her citizenship status, as a non-US citizen. Co-op With a No Dog Policy Pays $27,000, Agrees To Create a Reasonable Accommodation Policy, Display Postings and TrainingsComplainant was denied her emotional support animal by her co-op board for more than a year despite presenting them with supporting medical documentation. Colony East 5th Realty LLC Pays $39,000, and Installs Ramp To Settle Disability Discrimination ComplaintComplainant alleged that her landlord, Colony East 5th Realty LLC, failed to accommodate her disability by failing to construct a ramp at her apartment buildings main entrance. The Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. As part of the conciliation, LabCorp agreed to create an accommodation policy for both visitors and employees, to distribute the accommodation policy to all staff, and to train its New York City staff on the new policy. Unlike the anti-retaliation protections, the protections against actions taken to impede reporting possible securities law violations are not limited to the employee-employer context. Race, Disability, Retaliation. The parties were unable to resolve the matter through mediation. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. The Commissions Law Enforcement Bureau issued a probable cause determination, and Respondents agreed to pay $55,000 in emotional distress damages to Complainant. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology. 1 Twitter 2 Facebook 3RSS 4YouTube Respondents denied these allegations, and the Complainant and Respondents entered into a conciliation agreement requiring Respondents to pay $17,500 in emotional distress damages to Complainant. Gristedes Agrees To Pay $11,000 in Damages, Retrain all NYC Employees, Revise Policies, and Post Notice of Rights in all NYC StoresComplainant, who identifies as an intersex woman, filed a complaint against Gristedes alleging that she heard an employee tell another employee while she was shopping that Complainant was "really a man." Despite the sign, Complainant alleged that an employee of Respondent C-Town told Complainant that there were no positions available. Following the investigation, the parties agreed to enter into a settlement agreement in which Respondent Services for the Underserved, Inc. agreed to pay Complainant $21,000 in emotional distress damages; $500 in backpay damages; and pay a $14,000 civil penalty. The landlord and management, Moshe Piller, 8750 Bay Parkway, LLC, and MP Management, LLC, then constructed internal and external ramps, compliant with the American National Standards Institute code. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. Richard Sandoval Hospitality Agrees to Training and Notice of Rights Postings for Discriminatory Questions about Immigration at a Manhattan RestaurantAfter receiving credible information that Zengo, a restaurant in Manhattan, was making inappropriate inquiries regarding the immigration status of its customers, the Commission sent a cease and desist letter and ultimately came to an agreement with Richard Sandoval Hospitality (RSH), the restaurants corporate owner. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. Respondent River Point Towers Cooperative Inc. agreed to pay $27,000 in emotional distress damages, create a written accommodation policy in compliance with the NYC Human Rights Law, and distribute the policy to all residents, co-op board members, and its staff. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. Following the Law Enforcement Bureaus investigation, the Commission, Complainant, and Prada entered into a conciliation agreement requiring Prada to ensure that its New York City employees and certain Milan-based executives receive racial equity training and training on the New York City Human Rights Law; develop a scholarship program for people historically underrepresented in fashion; appoint a senior, director-level diversity and inclusion officer who will review Pradas advertising and products sold in the United States, as well as review and monitor Pradas anti-discrimination policies; maintain Pradas Diversity and Inclusion Council, launched by Prada in February of 2019, with a minimum of three to five members for a period of at least six years, with regular reporting by Prada on the councils progress to the Commission; and commit to increasing the diversity of its staff; and submit to two years of monitoring by the Commission.
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