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. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. 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. 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. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. 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. The landlord and management, Moshe Piller, 8750 Bay Parkway, LLC, and MP Management, LLC, then constructed internal and external ramps, compliant with the American National Standards Institute code. We encourage you to provide information about potential securities law violations to the SEC by submitting a tip. 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. 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? 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. 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. Mount Sinai Beth Israel Hospital Agrees to Pay $10,000 in Emotional Distress DamagesComplainant, a man who is transgender, alleged that a Mount Sinai Beth Israel nurse subjected him to gender-based discrimination while he sought medical care at the hospital. If you are looking to file a lawsuit, you must first know whether your lawyer has experience with these lawsuits. You may also send us a copy of your agreement, if you so choose, by submitting it as a tip either through our online portal or by mail or fax. Touro refused to grant the accommodation and terminated Complainant. 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. The parties agreed to a settlement in which Bloomsbury paid $5,000 as a civil penalty to the City; revised its policies to prohibit discrimination based on salary history, credit, and criminal history; and revised its job application template to comply with the revised policies. 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. After this is decided, the lawsuit itself will follow. 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. Respondents Pay $15,000 in Emotional Distress Damages and Agree to Bring Complainants Account Balance to Zero in Source of Income Discrimination CaseComplainant, a Section 8 recipient, filed a Complainant alleging that her landlord refused to allow her to begin using her Section 8 voucher after she became eligible for the voucher during her tenancy. Home. 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 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.. The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. 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. DB Grant Associates, Inc. The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. "Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting . Mulberry LLC and Alpha Properties NYC LLC Pay $4,000 in Damages and Penalties in Disability, Service Animal ClaimMulberry I, LLC (Mulberry), a landlord with 50 buildings in the City, and a brokerage, Alpha Properties NYC I LLC (Alpha), agreed to settle a case co-filed by an individual Complainant and the Commissions Law Enforcement Bureau after Winer told the Complainant that Mulberry insisted on a $1,000, non-refundable pet deposit for the Complainants emotional support animal, disrupting their housing search. 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. 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. After an investigation, the Commissions Law Enforcement Bureau issued a probable cause finding. 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. 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. 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. A suit that involves such retaliation would seek damages for the mental and emotional trauma caused to the person being made fun of. To understand if the anti-retaliation protections may apply to you, we encourage you to consult with an attorney. 3-20904 (June 22, 2022), In the Matter of David Hansen, File No. Food Colony LLC d/b/a C-Town Supermarkets Settles Discrimination Claims Based on Age, Race, and Color, Providing a Written Apology to Complainant, Undergoing Training, Revising Policies, and Updating Employment ApplicationA prospective employment applicant, who was sixty-seven years old and self-identified as brown-skinned and of mixed race, alleged that he saw a help wanted sign posted outside of Respondent Food Colony LLC d/b/a C-Town Supermarkets (C-Town). 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). 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. 3-17786 (January 17, 2017), In the Matter of NeuStar, Inc., File No. 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. 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. The Commissions Law Enforcement Bureau issued a probable cause determination, and Respondents agreed to pay $55,000 in emotional distress damages to Complainant. 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?" 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 Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. However, none of the lawsuits filed in January were publicized. Further, the Commission has neither approved nor disapproved them. 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. 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. 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. The answers to these frequently asked questions represent the views of the staff of the Office of the Whistleblower. Alliance Building Services Pays $25,000 in Damages and Penalties for Violations of the Fair Chance ActA job applicant filed a complaint against of discrimination against Alliance Building Services alleging that Alliance Building Services 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. A Complainant also filed a complaint against Prada in January 2019. 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. 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. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 in civil penalties to the general fund of the City of New York and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondent to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commissions notice of rights in their office. PSH will also post the Commissions Notice of Rights and a member of its management will attend training at the Commission. 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. The Retaliation Complaint Investigation Unit (RCI) investigates workplace retaliation complaints. 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. 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. City of New York. NYC Department of Education Agrees to Pay $100,000, Conduct Training, and Put Up Postings to Settle Former Employees Religious Discrimination Claim Complainant, who worked for an adult career center run by the New York City Department of Education, alleged that her employer discriminated against her by failing to reasonably accommodate her need for leave to observe a religious holiday, causing her constructive termination. 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. 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. Pays $46,220 in Damages and Civil Penalties for Failure to Provide a Reasonable Accommodation for PregnancyA pregnant Chipotle employee alerted her supervisors that due to medical restrictions related to her pregnancy she was unable to lift heavy boxes. In order to fight back against those who have perpetrated the wrong, it is essential that you have a strong defense. 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. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. 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 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. 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. The Respondent cooperated with the Law Enforcement Bureaus investigation and sought to mitigate damages to the Complainant. What exactly is meant by retribution in this situation? Key Food Supermarket Agrees to Training, Policy Creation, and Posting in Disability Discrimination MatterA patron filed a complaint against 42-15 Food Corp. d/b/a Key Food Supermarket (Key Food), alleging that she was denied services because of her service animal. Disability Discrimination. 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. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. 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. 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. Reduction in pay or hours. 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 ). Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. Area. In addition, Pinnacle Management agreed to set aside four apartments in their portfolio for applicants with housing subsidies or vouchers and update their policies in accordance with the source of income provisions of the NYC Human Rights Law. Reasons Why You Should Choose a Motorcycle Accident Lawyer After a Collision, Parental Awareness of Common Playground Injuries. 3-20820 (April 12, 2022), In the Matter of Guggenheim Securities, LLC, File No. After a long negotiation process, the parties agreed that Respondent would pay $1,000 as a civil penalty to the City of New York, discontinue a pending action in state court against the Complainant and attend the Commissions anti-discrimination training. The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. 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. 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. 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. Additionally, a representative from Respondents board of directors will attend a training on the NYC Human Rights Law. At the time, Complainant was a homeless mother. It is important to note that lawsuits like the one above are not only common, but can happen without warning. Respondents resolved the matter pre-complaint by creating a comprehensive plan to accommodate all residents with disabilities during the remaining elevator outages resulting from the modernization projects across their six buildings. 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. 1. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. Retaliation lawsuits like the one above are often filed against businesses. The Law Enforcement Bureaus investigation confirmed that Respondent failed to conduct a complete analysis of the Article 23-A factors under the New York State Corrections Law. 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. 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. 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. For example, if the defendant is willing to enter into mediation, this will not require them to go to court. The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. 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.
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