Aarons Inc. Settles Fair Chance Act Violations for $40,000 in Civil Penalties, Implements Ban the Box Policies NationwideTesting conducted by the Commission revealed that Aarons Inc., a lease-to-own retailer, advertised positions in New York City with the following unlawful language included in its job postings, A drug screen and criminal background investigation is required and an online employment application form requiring applicants to allow Respondent to conduct a criminal background check and credit history check. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. The Commission sent a cease and desist letter and ultimately came to an agreement with both HFF and an HFF manager, who both signed a stipulation and order agreeing to revise its policies on service and emotional support animals. 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. Respondent agreed to settle the case, pay the complainant $2,500 and $15,000 in civil penalties to the City of New York, create new policies about accommodations -- religious or otherwise -- place NYC Human Rights Law postings in relevant areas, hold a company-wide training for all employees and agreed to be monitored for a period of two years by the Commission. American Museum of Natural History Settles Gender and Pregnancy Discrimination Case for $30,000 in Emotional Distress Damages, Agrees to Implement Affirmative ReliefComplainant filed a claim against her former employer, the American Museum of Natural History, alleging that her supervisor subjected her to a hostile work environment on the basis of her gender and pregnancy. You're Liable: Trends in EPLI Claims for 2020 - The Reschini Group In order to fight back against those who have perpetrated the wrong, it is essential that you have a strong defense. 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. 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. 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. 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." "Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting . 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York. COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation Complainant alleged that another job could have been found for her as a reasonable accommodation. 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. )(September 13, 2018), In the Matter of Homestreet, Inc. and Darrell Van Amen, File No. 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. To be eligible for an award, you must file a Form TCR within 30 days of submitting your information or within 30 days of learning of the TCR filing requirement. The parties agreed to settle the matter using the Commissions pre-complaint intervention process. 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. 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. If you are represented by counsel, you are on constructive notice of the TCR filing requirement. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. Your email address will not be published. Landlord and Property Manager of a Queens Building Agree To Settle Disability Discrimination Matter in Pre-Complaint InterventionComplainant alleged that his landlord and property manager failed to accommodate him and other tenants with disabilities by refusing to install a wheelchair-accessible ramp at the main entrance of the building he resides in, preventing him from entering or exiting the building and accessing the buildings elevator. After an investigation by the Commissions NYC Law Enforcement Bureau, the parties agreed to enter into a conciliation agreement in which Respondent Dalton agreed to pay Complainant $7,000 in emotional distress damages. 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. The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. The parties conciliated, with Ginestri agreeing to pay $14,000 in civil penalties and to set aside four units for individuals with public sources of income, and Signature agreeing to pay $7,000 in civil penalties. 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. 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. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 as a civil penalty and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondents 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 branch office. Restaurant Pays Damages in Private Settlement for Sexual Orientation Workplace HarassmentComplainant, a server at a large Manhattan restaurant with a single location, alleged that he was harassed by coworkers and improperly terminated because of his sexual orientation, in violation of the New York City Human Rights Law. The settlement came almost one year before the case was set for a jury trial in federal district court in Richland, WA. 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. SPF signed a stipulation and order agreeing to revise its policies to apply equally to all genders and to allow people to use the sex-segregated facilities that accord with their gender identities. The Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation. 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. Basis. They are not rules, regulations or statements of the Securities and Exchange Commission. Retaliation, EEOC, Settlement | JD Supra You can find more information about the Dodd-Frank whistleblower protections, including the time period by which a whistleblower must file a private action in federal court, in Section 922 of the Dodd-Frank Act. 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. RCI also investigates: pay inequity based on sex. 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. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. However, none of the lawsuits filed in January were publicized. The Commissions Law Enforcement Bureau found that MSKCC violated the NYC Human Rights Law by failing to provide Complainant a reasonable accommodation. 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. The parties were unable to resolve the matter through mediation. Retaliation Lawsuits Settlements - OU Legal Total receipts decreased by 26.3%. Employment Law Settlements and Verdicts from Schorr Law - Schorr Required fields are marked *. 3-20820 (April 12, 2022), In the Matter of Guggenheim Securities, LLC, File No. 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. Discipline, Harassment . Pano Dion Corp., d/b/a Milkflower Settles Disability, Service Animal Case for $11,000 in Emotional Distress DamagesComplainants attempted to dine at Milkflower, a restaurant in Astoria, Queens, when they were denied entry due to the presence of a service animal. The Commission negotiated a settlement including $30,900 in emotional distress damages to the Complainant, $6,600 in backpay, 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. 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. It is important to note that lawsuits like the one above are not only common, but can happen without warning. After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. 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. 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. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. It is important to note, however, that not all cases involving discrimination will result in monetary compensation. 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 . Divorce Lawyer: Understanding Their Role in Your Divorce Case, Charged with a Felony? Here's Why Retaliation Claims Are Easier To Prove In Court Than From Settlement Disclosures to Retaliation: A Summary of Sexual The Commissions Law Enforcement Bureau conducted an investigation and issued a finding of probable cause. 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. 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. 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. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Respondents also provided information to the Commission about ongoing federal monitoring of EEO complaints, and they completed the following: posted anti-sexual harassment and nondiscrimination notices throughout their Fleet Services locations, distributed anti-sexual harassment fact sheets to FDNY employees, and conducted a sexual harassment prevention training, reviewed and approved by the Commission. OMG also agreed to extensive affirmative relief, including revising its anti-discrimination policies; conducting anti-discrimination training; creating an internal means for employees to report harassment, discrimination, and retaliation; and submitting to Commission monitoring of complaints of gender-based harassment, discrimination, and retaliation for five years. 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. Receipts that included a claim for retaliation decreased by 10.4%. Verdicts & Settlements - Employment Law Information Network 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. 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. Justice Department Announces $1.2 Million Dollar Settlement of Title After investigation by the Commissions Law Enforcement Bureau, Respondent agreed to enter into a stipulation and order to accommodate Complainants disability by installing a railing on the main entrance steps of the building. 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. At the time, Complainant was a homeless mother. 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. 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. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law. Complainant, a transgender man, was traveling through Terminal B at LaGuardia Airport and attempted to use the mens bathroom when a janitor stopped Complainant and directed Complainant to the family bathroom. 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. The former manager, no longer employed with H+H, was required to attend the Commissions Anti-Sexual Harassment Training. In the Matter of Activision Blizzard, Inc. 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. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. Personnel at Blue Ribbon Retaliation Intvn Cnter. 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. 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. 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. Indeed, it's the #1 claim individuals make at the U.S. 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. 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. 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. After an investigation, the Commissions Law Enforcement Bureau issued a probable cause finding. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 OULegal. 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. 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. 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. Disciplinary actions or threats. The property manager for the building also attended a training on the NYC Human Rights Law. 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. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. For example, if the defendant is willing to enter into mediation, this will not require them to go to court. Dodd-Frank does not specifically state whether, or to what extent, the anti-retaliation protections apply to individuals or conduct outside of the United States. If you have already reported to the company, you can still report to the Commission now. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. Revenues; Expenses; Assets; Liabilities; Revenues FYE 12/2020 FYE 12/2019 % Change; Total grants, contributions, etc . 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. Complainant responded that he was engaged. Respondent agreed to pay Complainant $12,500 in emotional distress damages, to modify its employee policies to better comply with the NYC Human Rights Law, and to train its managers on 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. If you have been asked to sign such an agreement, or have already signed such an agreement, and want to understand how the rules may apply to you, we encourage you to consult with an attorney. The YMCA of Greater New York Updates Health Care Plans to Include Gender-Affirming CareThe Commission launched an investigation into the YMCA of Greater New York (YNY) after receiving a tip that the organizations self-insured health care plans excluded gender-affirming care, possibly discriminating against transgender and gender non-conforming employees in violation of the NYC Human Right Law. Read Gay City News coverage of the case here. Heres Why You Need an Attorney. 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?" Fashion Retailer Zara Agrees to Pay $30,000 in Emotional Distress Damages, Train Its Employees, and Work With Community Organizations to Create Employment Opportunities for Transgender, Gender Non-Conforming, and Non-Binary New YorkersComplainant, who identifies as gender non-binary, filed a complaint against Zara alleging that they faced gender-based discrimination and harassment while trying to use fitting rooms at Zara stores in New York City. The Commissions Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. 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. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. 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. Area. You can find information about your rights and protections under SOX on the Department of Labors whistleblower website. The monkey figurine from the collection evoked images of Sambo, a caricature that, over generations, has been used to mock and dehumanize Black people. The Family and Medical Leave Act (FMLA), 29 U.S.C. After its investigation, the Law Enforcement Bureau credited Complainants allegation. Retaliation is one of the most common employment claims pursued in court. Five detainees in immigration custody were sent to facilities in Nevada after speaking with media, including the Union-Tribune, in what activists say is a pattern of retaliatory transfers All About Family and Medical Leave Act Retaliation Claims 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. A member of RSHs management will also attend training at the Commission. 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. Among other things, these protections provide that an employer may not discharge, demote, suspend, threaten, harass, or in any way discriminate against a whistleblower in the terms or conditions of employment for: In addition, the SEC may also bring an enforcement action against a company that violates the anti-retaliation provisions of Dodd-Frank.
