PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. 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 Commission, the Complainant and Respondent entered into an agreement for Respondent to pay the complainant $15,000 in emotional distress and a civil penalty of $10,000. The Family and Medical Leave Act (FMLA), 29 U.S.C. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). The Commissions Law Enforcement Bureau found that MSKCC violated the NYC Human Rights Law by failing to provide Complainant a reasonable accommodation. LabCorp Settles Disability Case, Pays $1,000 and Changes Policies and Procedures to Accommodate Blind and Low Vision PatronsA low vision patient requested assistance from a LabCorp employee to use a self-check-in electronic device at a LabCorp Patient Service Center. 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. 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. The Commissions Law Enforcement Bureau conducted an investigation and issued a finding of probable cause. 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. NYC Parks Pays $25,000, Holds Training, Changes Policies, and Agrees To Rehire Survivor of Domestic Violence Respondent NYC Parks and three individual managers at the Lyons Pool and Recreation Center(Lyons) in Staten Island have agreed to settle a case filed by a former employee whom they refused to accommodate despite being informed that she was a survivor of domestic violence. Additionally, Chipotle agreed to monitor reasonable accommodation requests for one (1) year at fifteen (15) New York City based locations and submit its log to the Commissions Law Enforcement Bureau at the end of the year. Broker Pays $5,000 in Damages in Source of Income Discrimination CaseComplainant who alleged source of income discrimination based on her attempt to use a voucher brought a complaint against a broker and his employer. Respondents also agreed to one year of monitoring by the Commission. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. Unfair immigration-related practices. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law. 3-17312 (June 23, 2016), In the Matter of KBR, Inc., File No. Equal Employment Opportunity Commission. 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.. Total receipts decreased by 26.3%. Design House and Luxury Retailer Prada USA Corp.Agrees to Groundbreaking Settlement and Commits to Restorative Justice Measures Including Creating a Scholarship Program, Hiring a Diversity and Inclusion Officer, Undergoing Racial Equity and Training, and Increasing Staff Diversity In December 2018, the Commission's Law Enforcement Bureau issued a cease and desist letter and launched an investigation into Pradas display and sale of its Pradamalia merchandise. Gucci also announced, among its initiatives, a global strategy to increase cultural sensitivity and awareness; hired a global head of Diversity, Equity and Inclusion; appointed an Executive Advisor for Global Equity and Culture Engagement; established a Global Equity Board; created a multicultural design fellowship program; and implemented unconscious bias training for employees in the United States. During her employment, Complainants supervisors questioned her gender, asked her invasive questions about her body, and assigned her impossible tasks. 2020 BLACK LIVES MATTER Open Letter to Wealthy Americans: Black Lives Should Matter To You . Through a subsequent Commission-initiated intervention, the Commission and Key Food entered into a stipulation and order in which Key Food agreed to have its owner and managers attend a training on the NYC Human Rights Law at the National Supermarket Association, whose members will also be invited to attend. Crunch agreed to pay a total of $40,000 in compensatory damages to the Complainants and $20,000 as a civil penalty; to change its national hiring policy to prevent background checks before making conditional employment offers; to revise its New York City hiring policy to match the requirements of the Fair Chance Act and the Commissions own guidance; to post the Commissions Know Your Rights notices in its offices; and to train its staff. All Respondents agreed to also post the Commissions Notice of Rights and Source of Income discrimination posters in their building(s) or office, revise policies, and attend training on their obligations under the NYC Human Rights Law. After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. After its investigation, the Law Enforcement Bureau credited Complainants allegation. 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. As has been the case in past months, most of the settlements involved charges of disability discrimination (6) and sexual harassment, or sexual harassment and retaliation (5). The release also indicated that the records searched would include a 7-year criminal check, driving record, national wants and warrants, and a national criminal file. This is why it is important to consult with a lawyer before signing any type of contract with anyone. After the Commissions Law Enforcement Bureau investigation, Newsbar agreed to pay $5,000 in emotional distress damages, for the owner to perform 40 hours of community service, for the owner and full-time employees to attend training on the NYC Human Rights Law, create and implement anti-discrimination policies under the NYC Human Rights Law, and display a service animal poster in its place of business. Regardless of whether the anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. DB Grant Associates, Inc. For detailed information about the program, including eligibility requirements and certain limitations that apply, please see Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Amended Rules implementing the program. The Commissions Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. The employer had failed to properly apply the Article 23-A analysis pursuant to the Fair Chance Act. 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. The monkey figurine from the collection evoked images of Sambo, a caricature that, over generations, has been used to mock and dehumanize Black people. 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. PSH will also post the Commissions Notice of Rights and a member of its management will attend training at the Commission. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. 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. After issuing a probable cause finding, the parties entered into a conciliation agreement in which Respondent agreed to pay Complainant $15,000 in emotional distress damages; waive over $14,000 in rent arrears and other fees; train employees with job duties related to reviewing or evaluating rental applications on the NYC Human Rights Law and source of income discrimination; revise their tenant screening policies, and display the Commissions Fair Housing, Its the Law poster at any and all of the buildings in their portfolio. The Commission filed a complaint and issued a determination of probable cause. Respondents resolved the matter pre-complaint by entering into a Stipulation and Order with the Commission, requiring Respondents to design and construct a compliant ramp at the buildings entrance to accommodate all tenants unable to use the front stairs due to a disability. 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. 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. 1. After two weeks, OMG terminated Complainants employment. Gucci Settles Commission-initiated Case Alleging Race Discrimination and Agrees To Multiple Restorative Justice MeasuresThe Commissions Law Enforcement Bureau issued a cease and desist letter and launched a race discrimination investigation into Guccis sale of a sweater that evoked discriminatory imagery and filed a complaint in December 2020. $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 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 OULegal. Pending Cases Currently Under Investigation at Elementary-Secondary and Post-Secondary Schools as of January 27, 2023 7:30am Search. At the time, Complainant was a homeless mother. Complainant responded that he was engaged. After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. Settlements 2021/2022; Settlements 2020/2021; Settlements 2019/2020; Settlements 2018/2019; Settlements 2017/2018; Settlements 2016/2017; Settlements 2015/2016; Settlements 2013/2014; Settlements 2012/2013; Settlements 2011/2012; Settlements 2010/2011; Settlements 2009/2010; Settlements 2008/2009; Settlements 2007/2008; Settlements 2006/2007 . Learn more about what constitutes retaliation, why it happens, and how to prevent it. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. 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. The broker respondents collectively agreed to pay $3,500 to Complainant in emotional distress damages and another $3,500 as a civil penalty, and the landlord respondents agreed to pay Complainant $3,000 in emotional distress damages. An investigation by the Commissions Law Enforcement Bureau confirmed that after Complainants ex-boyfriend attacked her directly outside of Lyons, Respondents blamed her for endangering her coworkers and repeatedly refused to prevent the ex-boyfriend from entering the premises, despite not being a member of Lyons, and then transferred Complainant to another facility and did not renew her seasonal job. 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. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. Firstservice Residential, a Management Company, and 5400 Company, a Landlord, Agree To Settle Disability Discrimination in Pre-Complaint InterventionComplainant alleged that his property manager and his landlord, 5400 Company, failed to accommodate him and his neighbors and failed to provide adequate notice during an elevator modernization project in his Bronx building, during which the elevators were out of service. 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. $10,000. City of New York. The Rule states [n]o person may take 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.. Race and National Origin Discrimination. This means that if you are a whistleblower who has reported a possible securities law violation to the Commission in writing and believe you have been retaliated against because of your report, you may be able to sue your employer in federal court and seek double back pay (with interest), reinstatement, reasonable attorneys fees, and reimbursement for certain costs in connection with the litigation. Personnel at Blue Ribbon Retaliation Intvn Cnter. 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." Touro refused to grant the accommodation and terminated Complainant. If you are looking to file a lawsuit, you must first know whether your . 6LinkedIn 8 Email Updates, Protections Against Actions Taken to Impede Reporting, Department of Labors whistleblower website, In the Matter of International Game Technology, In the Matter of Paradigm Capital Management, Inc. and Candace King Weir. 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. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. The settlement came almost one year before the case was set for a jury trial in federal district court in Richland, WA. After this is decided, the lawsuit itself will follow. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. Basis. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. On February 21, 2018, the United States Supreme Court issued an opinion in Digital Realty Trust, Inc. v. Somers stating that the Dodd-Frank anti-retaliation provisions only extend to those persons who provide information relating to a violation of the securities laws to the SEC. 3-17736 (December 19, 2016), In the Matter of Anheuser-Busch InBev SA/NV, 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. 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. 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. 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. 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. 3-17596 (September 29, 2016), In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, File No. Due to Respondents demonstrating financial hardship after being forced to close because of the COVID-19 pandemic, civil penalties were waived. 2601, et seq ., is an important law that allows employees in need to . InDinero, Inc. agreed to pay $11,666.67 in back pay, $18,333.33 in attorneys fees, $25,000 in emotional distress damages, and $10,000 in civil penalties, and to revise their hiring policies and practices. Pays $10,000 and Agrees to Affirmative Relief in Fair Chance Act CaseA job applicant filed a complaint of discrimination against DB Grant Associates, Inc. alleging that Respondent, a workforce development company, circulated a job application that unlawfully inquired into his criminal history prior to a conditional offer of employment, and alleging that he was improperly denied employment on the basis of his criminal history. Swatch Pays Damages, Civil Penalties, and Undertakes Affirmative Relief in Stop Credit Discrimination in Employment Act Case Complainant alleged that he visited a Swatch Group (US) Inc. store location to apply for a retail position, where he was presented with a paper application requesting that he authorize the employer to check his credit report, in violation of the New York City Human Rights Law's Stop Credit Discrimination in Employment Act protections. 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 agreed to pay $10,000 in emotional damages to Complainant, conduct anti-discrimination training on the NYC Human Rights Law and display the Commissions Notice of Rights and Stop Sexual Harassment Act posters at all 212 stores in New York City. Area. Dodd-Frank also created a private right of action that gives whistleblowers the right to file a retaliation complaint in federal court. Read Gay City News coverage of the case here. To resolve the case, Respondent agree to pay Complainant $11,000 in emotional distress damages; train its New York City employees on protections against gender discrimination under the New York City Human Rights Law; update its anti-discrimination policies; and post the Commissions Notice of Rights poster in all New York City places of business. All Rights Reserved. The co-op board members and Respondents staff members will also attend training on the NYC Human Rights Law. The Academy will also post the Commissions Notice of Rights and natural hair posters along with its new policy, and a member of its management will attend training at the Commission. Respondents agreed to pay $15,000 in civil penalties, to include the Commissions Notice of Rights in all new leases, to post the Commissions Notice of Rights in their building, and to attend training on their obligations under the NYC Human Rights Law. 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. The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. 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. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. 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. 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. For example, if an employer discovered that an employee was making jokes about another person in front of their peers, this would often mean that the employer would be liable for firing the employee. Sex Discrimination. 3-20904 (June 22, 2022), In the Matter of David Hansen, File No. Retaliation lawsuits like the one above are often filed against businesses. 3-17396 (August 16, 2016), In the Matter of BlueLinx Holdings Inc., File No. 3-16466 (April 1, 2015), Activision Blizzard to Pay $35 Million for Failing to Maintain Disclosure Controls Related to Complaints of Workplace Misconduct and Violating Whistleblower Protection Rule (2/3/23), SEC Charges the Brink's Company with Violating Whistleblower Protection Rule (6/22/22), SEC Charges Co-Founder of Technology Company for Violating Whistleblower Protection Rule (4/12/22), SEC Charges Broker-Dealer for Violating Whistleblower Protection Rule (6/23/21), SEC Charges Investment Adviser and Others With Defrauding Over 17,000 Retail Investors (2/4/2021), SEC Charges Issuer and CEO with Violating Whistleblower Protection Laws to Silence Investor Complaints (11/4/2019), Connecticut Broker and Investment Adviser Convicted On 21 Counts of Fraud and Money Laundering (6/10/2019), Financial Company Charged with Improper Accounting and Impeding Whistleblowers (1/19/17), Blackrock Charged with Removing Whistleblower Incentives in Separation Agreements (1/17/17), Company Settles Charges in Whistleblower Retaliation Case (12/20/16), Company Violated Rule Aimed at Protecting Potential Whistleblowers (12/19/16), Risk Alert: Examining Whistleblower Rule Compliance (10/24/2016), SEC: Casino-Gaming Company Retaliated Against Whistleblower (9/29/16), SEC Charges Anheuser-Busch InBev With Violating FCPA and Whistleblower Protection Laws (9/28/16), Company Punished for Severance Agreements That Removed Financial Incentives for Whistleblowing (8/16/16), Company Paying Penalty for Violating Key Whistleblower Protection Rule (8/10/16), Merrill Lynch to Pay $415 Million for Misusing Customer Cash and Putting Customer Securities at Risk (6/23/16), SEC Announces Award to Whistleblower in First Retaliation Case (4/28/15), SEC: Companies Cannot Stifle Whistleblowers in Confidentiality Agreements (4/1/15), SEC Charges Hedge Fund Adviser With Conducting Conflicted Transactions and Retaliating Against Whistleblower (6/16/14), Statement on Court Filing by SEC to Protect Whistleblowers From Retaliation (2/20/14), STAY CONNECTED In this instance, they may turn to civil litigation, which will not require a trial. The Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . 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. Upon investigating, the Law Enforcement Bureau discovered that the Respondent's application form also requested authorization to conduct criminal background checks in violation of the Fair Chance Act. Complainant, Respondent, and the Law Enforcement Bureau entered into a conciliation agreement requiring the payment of $17,750 in damages to complainant, including attorneys' fees, a $17,250 civil penalty, and affirmative relief including conducting training for all personnel involved in hiring and posting of the Commission's materials on the use of criminal conviction history and credit reporting in hiring. 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. Services for the Underserved, Inc. Settles Complaint Alleging Discrimination on the Basis of Criminal Conviction History for $35,500 in Damages and PenaltiesComplainant, a prospective employee, filed a complaint against Services for the Underserved, Inc., a nonprofit agency providing services to individuals with disabilities, alleging that her job offer had been unlawfully rescinded after a required background check. If you have already reported to the company, you can still report to the Commission now. The Respondents also agreed to place two voucher holders in immediate need of housing in set aside units as part of the agreement. 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 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. Colonial Road Associates LLC and Rosario Parlanti Agrees to Pay $10,000 in Civil Penalties and to Set Aside Units for Voucher HoldersIn a Commission-initiated case, Respondents, who are landlords, were found to have refused a Section 8 voucher holder in violation of the New York City Human Rights Law. During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. Landlord Settles Alienage Status Discrimination Case for $15,000 in Civil Penalties and Affirmative ReliefThe Commission filed a Commission-initiated complaint against a landlord alleging citizenship status discrimination for sending a series of harassing e-mails to a potential tenant regarding their citizenship status, followed by e-mails to one of their bosses seeking to have them removed from the country. 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.