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. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology. 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. Prior to the conciliation, Respondents attended an anti-discrimination training, created a new reasonable accommodation policy for emotional support animals and service animals, and posted the Commissions anti-discrimination notices at all residential buildings in its portfolio. However, sometimes these lawsuits arise when employees, customers or potential customers are offended by another persons comment, gesture or action. 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. 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a nonprofit agency providing services to individuals with disabilities, alleging that her job offer had been unlawfully rescinded after a required background check. Chipotle Mexican Grill, Inc. 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. Due to Respondents demonstrating financial hardship after being forced to close because of the COVID-19 pandemic, civil penalties were waived. 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 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. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. Read Gay City News coverage of the case here. Respondent Dalton also agreed to ensure its policies regarding tenant screening and reasonable accommodations are in compliance with the NYC Human Rights Law, to provide training to its employees, and to display postings outlining its obligations under the NYC Human Rights Law. The Commissions Law Enforcement Bureau found that Respondents violated the NYC Human Rights Law in refusing to provide a reasonable accommodation. 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. 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. 02/19/2021 - OSHA National News Release - US Department of Labor announces OSHA will investigate complaints of whistleblower retaliation under new antitrust, money laundering laws October 2020 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. 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. Basis. The Commissions Law Enforcement Bureau found that MSKCC violated the NYC Human Rights Law by failing to provide Complainant a reasonable accommodation. 11 - 20: Visit: Top 20 Civil Rights Violation Settlements in the United States in 2020: 21: Amount: Attorneys: K. Chike Odiwe, John L. Burris, Ben Nisenbaum of Law Offices of John L. Burris; Mark E. Merin of Law Offices of Mark E. Merin on 4/12/2022 IT Staffing Agency Refused to Refer Applicant Who Objected to Recruiter's. Learn more about what constitutes retaliation, why it happens, and how to prevent it. 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. 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. 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. Unfair immigration-related practices. Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. The Respondent agreed to pay the Complainant $10,000 in emotional distress damages, conduct training for staff on the Fair Chance Act, create new employment policies prohibiting criminal history discrimination, and post the Commission's Fair Chance Act and Notice of Rights poster in all locations. 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. RCI also investigates: pay inequity based on sex. 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. The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. 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. 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. Employer, 1199 SEIU Child Care Fund, Pays $31,500 in Damages and Civil Penalties To Resolve Gender-Based Harassment ClaimsComplainant, an employee of a labor union fund, filed a complaint alleging that her supervisor subjected her to a gender-based hostile work environment. Tex. 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. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. Further, the Commission has neither approved nor disapproved them. The co-op board members and Respondents staff members will also attend training on the NYC Human Rights Law. 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. 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. Your email address will not be published. You can find information about your rights and protections under SOX on the Department of Labors whistleblower website. Such an agreement may violate the federal securities laws. 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. 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. $10,000. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. To settle the case, Respondents Mulberry and Alpha each paid a civil penalty of $1,000 to the City of New York, and Respondent Alpha also paid $2,000 to the Complainant for emotional distress. XSport Fitness Agrees to Change Policies to Allow Transgender Patrons to Use Proper FacilitiesAfter receiving credible information that XSport Fitness, which runs 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 CF Management-NY, LLC (CFM), the gyms owner. Agreement reached over alleged violations of California's false claims, false advertising and unfair business practices laws. 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. Through its investigation, the Commissions Law Enforcement Bureau discovered evidence to support Complainants allegations. The parties agreed to settle the matter using the Commissions pre-complaint intervention process. Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . 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. 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. 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. 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 ). HFF will also post the Commissions Notice of Rights and the manager will attend training at the Commission. Complainant alleged that another job could have been found for her as a reasonable accommodation. 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. 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. 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. During her employment, Complainants supervisors questioned her gender, asked her invasive questions about her body, and assigned her impossible tasks. CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees. 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. The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. There are many different types of businesses, ranging from stores to franchises to services. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. If you are looking to file a lawsuit, you must first know whether your lawyer has experience with these lawsuits. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. HSBC and Geneva Consulting Firm Agree to Pay $99,500 in Damages and Penalties in Race Discrimination and Retaliation CaseComplainant, a white man married to a Black woman, alleged that Respondents subjected him to a hostile work environment when Respondents failed to address his complaint about his co-workers racist comments against Black people, and retaliated against him by terminating his employment the day following his complaint. 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. With the help of an experienced legal team, you can rest assured that you have the best chance of getting compensation for the damage caused. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. Employment. The Commission and the parties entered into a conciliation agreement requiring Respondent to pay Complainant $21,500 in emotional distress damages, pay $10,000 in civil penalties, provide all of the funds employees with anti-sexual harassment training, ensure that it has meaningful policies in place to address complaints of discrimination, post the Commissions Stop Sexual Harassment Act Notice, and distribute the Commissions Stop Sexual Harassment Act Fact Sheet. After two weeks, OMG terminated Complainants employment. 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. Center for Behavioral Health Services Agrees to Remove Gender Distinctions from Dress CodeAfter reviewing the dress code policy for the Center for Behavioral Health Services (CBHS) as part of a Complainant-filed employment case, the Commission sent a cease and desist letter to CBHS informing it that gender distinctions in its dress code were in violation of the NYC Human Rights Law. 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?" Bloomsbury will also post the Commissions Notice of Rights and Salary History Ban posters in its offices and a member of its management will attend training at the Commission. The Commission and parties entered into a conciliation agreement requiring C-Towns owner and managers to attend training on the NYC Human Rights Law; create and implement a written policy under the NYC Human Rights Law; display the Commissions Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Employment Notice; maintain records regarding complaints of discrimination, harassment, and/or retaliation, job openings, and applications for employment; provide a written apology to Complainant; and revise its employment application. What Possible Damages Could Be Awarded to You After a Motorcycle Accident? The former manager, no longer employed with H+H, was required to attend the Commissions Anti-Sexual Harassment Training. 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. Employment. 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. It is important to note that lawsuits like the one above are not only common, but can happen without warning. The online application contained language authorizing Yodle to contact law enforcement and credit agencies. 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. Retaliation is one of the most common employment claims pursued in court. 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. 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. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. 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. You may bring an action in federal court within a certain time period if your employer violates the anti-retaliation provisions of Dodd-Frank. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. 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. The Respondent also agreed to create a comprehensive policy regarding assessment of applicants with criminal conviction histories' to provide training to human resources employees; and to display postings outlining its obligations under the NYC Human Rights Law. The Commission filed a complaint and issued a determination of probable cause. The Federal Savings Bank Pays $320,000 To Resolve Sexual Harassment and Retaliation Claims and Agrees to Affirmative Relief and Ongoing MonitoringA former employee filed gender-based harassment and retaliation claims against her employer, The Federal Savings Bank (FSB), and FSBs former CEO Stephen Calk, alleging claims of sexual harassment and retaliation by terminating her employment after she complained. 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.
