Complainant had taken the same leave for three years in a row, but in her fourth year, her new manager stated Complainant would only be approved for a portion of the time she requested. 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. Disability Discrimination. 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. While many businesses attempt to operate lawfully, some do not. Despite the sign, Complainant alleged that an employee of Respondent C-Town told Complainant that there were no positions available. News. Small Landlord Settles Complaint Alleging Harassment on the Basis of Sexual Orientation for $3,000 in DamagesComplainants alleged that a repairperson hired by their apartment building's property manager subjected them to harassment because of their sexual orientation during a scheduling phone call. 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. $10,000. Landlord Agrees To Settle Emotional Support Animal, Disability Discrimination and Retaliation Case for $55,000, Training, Creation of a Reasonable Accommodation Policy, and PostingsLandlord EK 3 LLC, imposed a conditional lease rider containing unlawful terms when it approved Complainants reasonable accommodation request for an emotional support animal, and revoked their offer to extend Complainants lease for another term. 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. 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. 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. 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. 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. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). 3-20370 (June 23, 2021), SEC v. Leon Vaccarelli, et al., 17-cv-01471 (D. Conn., filed Aug. 31, 2017), SEC v. Collector's Coffee, Inc. (d/b/a Collectors Cafe), and Mykalai Kontilai, 19-cv-04355 (November 4, 2019), SEC v.Kenneth W. Crumbley,16-cv-00172(N.D. 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. 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. 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. 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. Crunch Fitness Pays $60,000 in Damages and Penalties and Changes National Hiring Policy To Settle Two Fair Chance Act CasesCrunch LLC (Crunch), the company that runs the national gym chain Crunch Fitness, has agreed to settle two cases filed by personal trainers who were rejected because of their criminal histories. MMPS of New York Settles Pregnancy Discrimination Case for $40,000 in Damages and Penalties and Affirmative ReliefMMPS of New York, a medical clinic, agreed to settle a case where a pregnant employee was not provided accommodations and was ultimately terminated because of her pregnancy. PSH will also post the Commissions Notice of Rights and a member of its management will attend training at the Commission. In September 2020, the Commission adopted amendments to the rule governing the whistleblower program that included a new definition of whistleblower to conform to the Supreme Courts holding in Digital Realty. 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. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. Uptown Dance Academy Agrees To Revise Hair Policy to Allow BraidsAfter receiving reports that Uptown Dance Academy was not allowing its students to perform with braided hair, the Commission sent a cease and desist letter and ultimately came to an agreement with the Academy. No matter what type of case you are involved with, it is imperative to retain an attorney that is well-versed in the area of discrimination and retaliation. 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. 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. Reduction in pay or hours. States are considering legislation ranging from additional . 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. 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 Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. Following the incident, the patient filed a complaint against LabCorp for failing to accommodate his disability during his visit. 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. 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. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. 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. 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 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. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. The Law Enforcement Bureaus investigation established that the same manager engaged in similar harassing conduct towards other employees and issued a finding of probable cause. 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. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. 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. The Respondent agreed to attend training on theNYC Human Rights Law and pay the Complainant $2,500 in emotional distress damages. Ultimately, Complainant alleged that he attempted to report hostile work environment, but that no steps were taken by the owners to address the unlawful conduct. A member of RSHs management will also attend training at the Commission. 3-17786 (January 17, 2017), In the Matter of NeuStar, Inc., File No. 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 SEC has brought a number of actions based on both retaliatory conduct as well as actions taken to impede reporting. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. It is important to note, however, that not all cases involving discrimination will result in monetary compensation. Personnel at Blue Ribbon Retaliation Intvn Cnter. 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. To understand if the anti-retaliation protections may apply to you, we encourage you to consult with an attorney. Memorial Sloan Kettering Cancer Center Pays $100,000 Damages and Penalties For Failing to Engage In a Cooperative Dialogue When a Reasonable Accommodation was RequestedAfter recovering from a stroke, Complainant was permitted to return to work part-time for six months as a reasonable accommodation, after which she would be required to return to work full- time. 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. All Rights Reserved. Pinnacle Management entered into a conciliation agreement in which they agreed to pay $50,000 in emotional distress damages to Complainant, undergo training on the source of income provisions of the NYC Human Rights Law, post CCHR's "Fair Housing, It's the Law" poster in all business offices and buildings under their control for at least one calendar year, and email all agents and licensed or unlicensed brokers information on the NYC Human Rights Law source of income provisions. City of New York. 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. 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. 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. 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. 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. Further, the Commission has neither approved nor disapproved them. During the Law Enforcement Bureau's investigation, the landlord replaced the tub, and the property manager attended an anti-discrimination training. 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. The Commissions Law Enforcement Bureau found that MSKCC violated the NYC Human Rights Law by failing to provide Complainant a reasonable accommodation. 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. The Respondent agreed to pay $6,000 to the Complainant in emotional distress damages and agreed to display the Commissions Notice of Rights poster and to training for the owner and manager on the NYC Human Rights Law. 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. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. The Respondents settled with the Commission by agreeing to pay the Complainant $5,000 in emotional distress damages, and the broker agreed to take a training on the source of income provisions of the NYC Human Rights Law. Receipts that included a claim for retaliation decreased by 10.4%. Your email address will not be published. Complainant responded that he was engaged. The answers to these frequently asked questions represent the views of the staff of the Office of the Whistleblower. If you are represented by counsel, you are on constructive notice of the TCR filing requirement. 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. The parties agreed to settle the matter using the Commissions pre-complaint intervention process. 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. Employment. 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. Wednesday, September 30, 2020. . 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. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. 3-17396 (August 16, 2016), In the Matter of BlueLinx Holdings Inc., File No. The settlement came almost one year before the case was set for a jury trial in federal district court in Richland, WA. 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. RSH submitted its policy for review and signed a stipulation and order agreeing to post the Commissions Notice of Rights and Protections Based on Immigration Status and National Origin posters at Zengo and its co-located bar, La Biblioteca de Tequila. The online application contained language authorizing Yodle to contact law enforcement and credit agencies. 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. After the Commissions Law Enforcement Bureau investigation, the parties entered into a conciliation agreement requiring the employer to pay Complainant $270,000 in damages including backpay, emotional distress, and attorneys fees; pay $50,000 in a civil penalty; attend anti-discrimination and sexual harassment prevention training; revise their anti-discrimination policies; implement a complaint procedure for reporting gender-based harassment, discrimination and retaliation, including anonymous reporting; post and distribute the Stop Sexual Harassment Act Factsheet; and monitor gender-based harassment, sexual harassment and retaliation complaints including a provision to provide the Commission with a summary report every six months. A suit that involves such retaliation would seek damages for the mental and emotional trauma caused to the person being made fun of. The lawsuit against Trader Joe's provides a rough outline of a whistleblower retaliation claim arising from COVID-19 and what an employer should not do (assuming for the moment, the core allegations are accurate). The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. 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. 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. Under section 1102.5 of the California Code, an employer may not retaliate against an employee for actions taken by the employee such as: Disclosing a violation of law to a government or law enforcement office information Reporting a violation of law to his or her employer Refusing to participate in activity that would violate a law 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. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. 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. 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. 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. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. 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. 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. 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. As part of the conciliation agreement Respondent agreed to pay Complainant $30,000 in emotional distress damages, submit its policies regarding the NYC Human Rights Law to the Commission for its review and approval, conduct training on the NYC Human Rights Law for supervisory and managerial employees, and display the Commissions Notice of Rights. 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. Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. "Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting . Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . Retaliation is one of the most common employment claims pursued in court. At the time, Complainant was a homeless mother. The employer had failed to properly apply the Article 23-A analysis pursuant to the Fair Chance Act. 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. The Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation. 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. Dodd-Frank also created a private right of action that gives whistleblowers the right to file a retaliation complaint in federal court.