Pax Assist, LLC Pays $17,500 in Civil Penalties and Emotional Distress Damages to Settle Claims of Religious Discrimination; Agrees to Train All Employees, Revise Policies, and Agrees to Two Years of Monitoring By the CommissionThe Commission filed both a Commission-initiated complaint and a public complaint against Pax Assist after it discovered that managers had discriminated against the companys Muslim employees when they asked that their breaks coordinate with fasting times during the month of Ramadan. Respondent NYC Parks agreed to pay $25,000 in emotional distress damages and to pre-certify her to be hired for the next available NYC Parks job for which she qualifies in one of two boroughs.
Retaliation Complaint Investigation Unit (RCI) 8 examples of employee retaliation claims that courts reject. 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 Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. 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. 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. 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. The former manager, no longer employed with H+H, was required to attend the Commissions Anti-Sexual Harassment Training. Examples include: Termination, suspension, transfer or demotion.
Here's Why Retaliation Claims Are Easier To Prove In Court Than 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. 1. NYC Fire Services and Guards LLC Pays $12,500 in Damages and Civil Penalties for Subjecting Applicants to Questions Which Violated the Fair Chance ActA job applicant filed a complaint against of discrimination against NYC Fire Services and Guards LLC alleging that Respondents 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. This generally means that employers may not discharge, demote, suspend, harass, or in any way discriminate against an employee in the terms and conditions of employment who has reported conduct to the Commission that the employee reasonably believed violated the federal securities laws. MSKCC paid $65,000 in emotional distress damages to Complainant, $35,000 in civil penalties to the City of New York, and agreed to train its human resources personnel and managers on the NYC Human Rights Law. 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. City of New York. 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. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. Despite the fact that Complainant provided doctors notes in support of her request, she was told that her position could not be held open and she was terminated instead of engaging in a cooperative dialogue, as is mandated by the NYC Human Rights Law. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. Incident(s) Terms. After completing the application, in which Complainant was required to share criminal history information, Respondent never followed up with her to refer her to any clients. To resolve the case, NYIT agreed to pay $23,333.33 in emotional distress damages, $11,666.66 in attorney's fees, a $15,000 civil penalty, and to revise its policies to conform with the NYC Human Rights Law, provide anti-discrimination trainings to employees, and to post the Commissions Notice of Rights Poster in every New York City location. The hospital, which had already agreed to implement extensive affirmative relief measures in another similar Commission case filed around the same time, agreed to pay the Complainant in this case $10,000 in emotional distress damages. 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. Chipotle agreed to train its NYC general managers on NYCs Human Rights Law, and provide an addendum to its New York City based handbook for all employees, outlining their rights to request a reasonable accommodation for pregnancy and pregnancy-related conditions. The Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. As EEOC works to address this issue, you can help. The Commission found probable cause and referred the matter to the Office of Administrative Trials and Hearings, where the parties came to a settlement agreement. Following the Law Enforcement Bureaus investigation, the Commission, Complainant, and Zara entered into a conciliation agreement requiring Zara to pay Complainant $30,000 in emotional distress damages; train its New York City employees on the New York City Human Rights Law and the Commissions Gender Identity and Gender Expression Legal Enforcement Guidance; post in its New York City places of business the Commissions Notice of Rights poster, the Commissions Equal Bathroom Access Poster, and a policy explaining that patrons can use the fitting room that most closely aligns with their gender identity; and partner with the New York City LGBT Community Center, and at least one community-based organization dedicated to serving the transgender, gender non-conforming, and non-binary communities, to create employment opportunities for these communities. 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. Race and National Origin Discrimination. As part of the settlement agreement, Chipotle paid the employee $11,220 in back pay, $15,000 in emotional distress damages, $10,000 in attorney fees, and $10,000 in civil penalties. The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. Heres Why You Need an Attorney. )(September 13, 2018), In the Matter of Homestreet, Inc. and Darrell Van Amen, File No. Some of the most prevalent EPLI-related claims seen in 2020 include: Retaliation Claims on the Rise - More than half of EEOC claims filed in recent years have involved claims of employer retaliation against an employee. 3-17786 (January 17, 2017), In the Matter of NeuStar, Inc., File No. NYC Health + Hospitals Corporation Pays $140,000 in Emotional Distress Damages To Resolve Gender-Based Harassment ClaimsAn employee of the New York City Health and Hospitals Corporation (H+H) filed a complaint alleging that a senior manager within the Equal Employment Opportunity office at H+H sexually harassed her over a period of several years, attempting to kiss her, making comments about her body, attire, and appearance, and routinely making sexual innuendos and advances towards her. Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. The Academy signed a stipulation and order agreeing to revise its policy to make clear that natural hairstyles and hairstyles commonly associated with Black people or with other racial, ethnic, or cultural identities, including, but not limited to, braids, shall be allowed, and that any safety or other restrictions on hairstyle shall not discriminate based on racially protected characteristics. Revenues; Expenses; Assets; Liabilities; Revenues FYE 12/2020 FYE 12/2019 % Change; Total grants, contributions, etc . 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. 3-17396 (August 16, 2016), In the Matter of BlueLinx Holdings Inc., File No. 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. A suit that involves such retaliation would seek damages for the mental and emotional trauma caused to the person being made fun of. 639 Realty LLC and Affordable Housing Real Estate Corp. Settle Source of Income Discrimination Case for $5,000 in Emotional Distress Damages and Policy UpdatesA complainant alleging discrimination based on his attempt to use his HASA voucher filed a complaint against 639 Realty LLC and Affordable Housing Real Estate Corp. As part of the conciliation agreement, Respondents paid Complainant $5,000 in emotional distress damages; agreed to edit and update their policies; agreed to take training on the source of income provisions of the NYC Human Rights Law; and agreed to send information to all their agents about their updated policies and compliance with the NYC Human Rights Law, along with ongoing monitoring by the Commission. A Complainant also filed a complaint against Prada in January 2019. Your email address will not be published. The Respondents agreed to pay $25,000 in civil penalties, attend an anti-discrimination training, create a reasonable accommodation policy for the New York City-based buildings in its portfolio, submit to monitoring for one year, and post the Commissions anti-discrimination notices throughout the buildings in its portfolio. 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 ). The Respondents also participated in the Commissions set aside program, wherein they helped secure an apartment for another housing-unstable voucher holder as part of the settlement agreement.
COVID-19 Retaliation ClaimsA 2020 Trend in Employment Litigation? Newsbar Caf Settles Disability, Service Animal Case for $5,000, 40 Hours of Community Service A patron filed a complaint against EK of New York, Inc., d/b/a Newsbar Caf, alleging that she was denied services because of her service animal. Brooklyn-based Property Management Company and Vice President Pay $94,000 in Damages and Penalties in Sexual Harassment CaseComplainant, who was employed as an office assistant by a property management firm for two and a half months, filed a complaint alleging that after she was hired, she was sexually harassed by a vice president, facing repeated unwanted romantic and sexual advances. There are even cases like those mentioned above, in which individuals filing suit are actually employees of the company being accused of discrimination. The answers to these frequently asked questions represent the views of the staff of the Office of the Whistleblower. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. Following the incident, the patient filed a complaint against LabCorp for failing to accommodate his disability during his visit. A Primer on Family and Medical Leave Act (FMLA) Retaliation Claims. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. 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. With the passage of Dodd-Frank, Congress amended the Exchange Act to add Section 21F, which established a series of new incentives and protections for individuals to report possible violations of the federal securities laws, including enhanced employment retaliation protections. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. Nanny Agency Pays $2,500 in Emotional Distress Damages for Violation of the Fair Chance Act, Agrees to Affirmative ReliefComplainant, an applicant, filed a complaint of discrimination against Absolute Best Care Nanny Agency, alleging that she was asked to complete an Authorization for Release of Information, which required a background check prior to a conditional offer of employment. Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency: $100,000 - CEPA Retaliation $125,000 - CEPA Retaliation $125,000 - Sexual Harassment $100,000 - Disability Discrimination $200,000 - Race Discrimination 2020 $352,000 - Disability Discrimination $300,000 - Marital Status Discrimination $225,000 - Sexual Harassment $110,000 - National Origin Discrimination $247,000 - Sexual Harassment NYC Landlord Pinnacle Management Settles a Source of Income Discrimination Case for $50,000 in Damages and Extensive Affirmative Relief, Including the Set Aside of Apartments for Voucher Holders Complainant, a recipient of the Family Eviction Prevention Subsidy (FEPS), filed a complaint alleging that Respondents Pinnacle Management rejected her application for an apartment because they were not aware of the FEPS program and did not believe that Complainant would be able to pay rent. InDinero, Inc. Agrees to Pay $65,000 in Damages, Penalties, and Attorneys Fees After Job Applicant was Denied a Position Because of His Criminal HistoryA prospective employee filed a complaint against InDinero, Inc., an accounting software and services company, alleging that Respondent had offered him a job, then suddenly withdrew the offer based on his criminal history. The Commission and the parties entered into a conciliation agreement requiring Respondents to pay Complainant $15,000 in emotional distress damages, pay $1,500 in civil penalties to the City of New York, train its employees on the NYC Human Rights Law protections in housing, create an anti-discrimination policy, post the Commissions Fair Housing poster, distribute the Commissions Fair Housing brochure, and submit to monitoring for a period of two years. Regardless of whether the Dodd-Frank anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. 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. Respondent Shin Gallery agreed to create a policy in accordance with its obligations under the New York City Human Rights Law to provide reasonable accommodations and to attend training on the Law. The Club will also post the Commissions Notice of Rights and a member of its management will attend training on the New York City Human Rights Law at the Commission.
ICE detainees allege retaliation after speaking out about medical 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 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. You may also send us a copy of your agreement, if you so choose, by submitting it as a tip either through our online portal or by mail or fax. Touro College Pays $69,914.00 for Failing To Provide a Reasonable Accommodation to Employee with DisabilityComplainant sought a schedule adjustment from her employer, Touro College, related to her disability. pay inequity based on race. The employee claimed that the company discriminated against him on the basis of his age in violation of the Age Discrimination in Employment Act (ADEA) and on the basis of his national origin in violation of Title VII of the Civil Rights Act and retaliated against him for lodging internal complaints.
From Settlement Disclosures to Retaliation: A Summary of Sexual Complainant responded that he was engaged. Respondents Pay $15,000 in Emotional Distress Damages and Agree to Bring Complainants Account Balance to Zero in Source of Income Discrimination CaseComplainant, a Section 8 recipient, filed a Complainant alleging that her landlord refused to allow her to begin using her Section 8 voucher after she became eligible for the voucher during her tenancy. Dolphin Fitness Agrees to Change Policies to Allow Transgender Patrons to Use Proper FacilitiesAfter receiving credible information that Dolphin Fitness, a Bronx gym, said that transgender people could not use the facilities that accorded with their gender identities unless they had surgery, the Commission sent a cease and desist letter and ultimately came to an agreement with Strong Pelham Fitness, Inc. (SPF), the gyms owner, which also owns and operates another Dolphin Fitness in Brooklyn. In conciliation, Respondents agreed to pay $11,000.00 to Complainants, attend training, train their staff on their new policy pertaining to providing reasonable accommodations to people with disabilities and those who use service animals, and post the Commissions Notice of Rights in English and Spanish. Respondent agreed to pay $2,500 in emotional distress damages to Complainant, conduct training on the Fair Chance Act and the NYC Human Rights Law, make policy changes and post the Commissions Notice of Rights and the Stop Sexual Harassment poster in its workplace. These FAQs provide short general summaries of certain key features of the SEC Whistleblower Program and do not purport to be a complete or comprehensive discussion of all of its provisions. We encourage you to submit a tip to the SEC if you believe you have been retaliated against for reporting potential securities law violations even if the retaliation occurred outside of the United States.
EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data Retaliation Lawsuits Settlements - OU Legal 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. Broker Pays Damages for Discriminating Against a Complainants Lawful Source of IncomeA small broker, Vanguard Residential LLC, discriminated against a Complainant because she was seeking to use a housing voucher while applying for apartments. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. Respondents will attend NYC Human Rights Law training, create employment policies in compliance with the NYC Human Rights Law, and post the Commissions Stop Sexual Harassment in NYC Act Notice, Notice of Rights poster, and Pregnancy Discrimination in Employment Notice. Landlord Agrees To Settle Commission-Initiated Disability Discrimination Case for Civil Penalties, Installation of Ramps, Affirmative ReliefThe Law Enforcement Bureau initiated an investigation after it received multiple complaints from building residents of 8750 Bay Parkway, Brooklyn, about the need for external and internal ramps, and agents of the landlord refused to construct those ramps. In addition to protecting whistleblowers who have reported possible securities law violations from retaliation, Commission Rule 21F-17(a) prohibits any person from taking any action to prevent you from contacting the SEC directly to report a possible securities law violation. 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. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. The conciliation agreement requires Respondents to pay: $55,000 in emotional distress damages and $24,000 in attorneys fees to the Complainant: and $15,000 in civil penalties to the City of New York. The lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 in civil penalties to the general fund of the City of New York and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondent to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commissions notice of rights in their office. Complainant alleged that after his coworkers learned that he was bisexual, he was ridiculed, groped, and teased on a regular basis, including in front of an owner of the restaurant. Once the resolution announced today involving Draycott's claims is entered by the court, all Title VII claims brought by the United States in its lawsuit will be resolved. Virgin Atlantic Airways Pays $18,000 in Damages For Failing to Provide a Reasonable Accommodation to an EmployeeComplainant, who has a disability that was being aggravated by her job tasks, requested leave from her job with Virgin Atlantic as a reasonable accommodation for her disability. Retaliation lawsuits like the one above are often filed against businesses. Stop and Shop Supermarket Pays $10,000 in Emotional Distress Damages and Agrees To Affirmative Relief in Religious Discrimination CaseComplainant, a Muslim, filed a complaint against Stop and Shop Supermarket Company alleging that an employee made an Islamophobic comment to him during a visit to one of companys stores in Queens. CFM will also post the Commissions Notice of Rights, Single-Sex Facilities Notice, and Pink and Blue campaign posters at its Bronx location, and a member of its management will attend training at the Commission. Complainant then informed MSKCC that, due to her ongoing recovery, she would need to continue working part-time and was willing to work in other departments that had part-time positions available. A member of RSHs management will also attend training at the Commission. This can include instances where a person feels they were fired unfairly or that they have experienced a negative influence on the way they have been treated. Respondent initially demanded that the Complainant retain the architect herself and pay for the materials and installation. Remsen Owners Corp. Agrees to Install a Railing to Rectify Inaccessibility IssueComplainant reported to the Commissions Law Enforcement Bureau that the exterior steps of her building, belonging to Respondent Remsen Owners Corp., prevented her from entering or exiting unless assisted by another individual. News. Yodle Inc. Settles Case for $5,000 in Civil Penalties After Using Unlawful Language in their Employment ApplicationsA prospective job applicant used Yodles online employment application system to apply for a sales position at the company. The Commissions Law Enforcement Bureau found that MSKCC violated the NYC Human Rights Law by failing to provide Complainant a reasonable accommodation. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. PSF will also post the Commissions Notice of Rights, Single-Sex Facilities Notice, and Pink and Blue campaign posters at both Dolphin Fitness locations, and a member of PSFs management will attend training at the Commission. The Respondent cooperated with the Law Enforcement Bureaus investigation and sought to mitigate damages to the Complainant. FY 2016 - FY 2020: As a percentage of total charge receipts, receipts that included a claim for retaliation increased. Rule 21F-17(a) provides that [n]o person may take any action to impede an individual from communicating directly with the Commission staff about a possible securities law violation, including enforcing or threatening to enforce a confidentiality agreementwith respect to such communications.. You do not need to reside or work in the United States to be eligible for an award under our whistleblower award program. Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . 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. Total receipts decreased by 26.3%. Reasons Why You Should Choose a Motorcycle Accident Lawyer After a Collision, Parental Awareness of Common Playground Injuries. 97 Euclid Realty Pays $35,000 in Damages and Civil Penalties, Agrees to Affirmative Relief to Resolve Retaliation ClaimA tenant filed a complaint alleging that her buildings superintendent sexually assaulted her and that her landlord increased her rent after she obtained an order of protection against the superintendent. Chipotle Mexican Grill, Inc. Securitas Security Services Settles Disability Discrimination Case for $15,000 in Damages and Penalties and Agrees to Training, Policy Revisions and Legal Postings Complainant filed a disability discrimination complaint against Securitas Security Services alleging that Respondents failed to accommodate her disability, constructively terminated her employment, and retaliated against her based on her disability.