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 ). To resolve the case, NYIT agreed to pay $23,333.33 in emotional distress damages, $11,666.66 in attorney's fees, a $15,000 civil penalty, and to revise its policies to conform with the NYC Human Rights Law, provide anti-discrimination trainings to employees, and to post the Commissions Notice of Rights Poster in every New York City location. The SEC has brought a number of actions based on both retaliatory conduct as well as actions taken to impede reporting. 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. CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees. Respondent LGP further agreed to provide the Commissions Law Enforcement Bureau with its draft employee handbook for review and provide the Commission with confirmation that it had completed annual sexual harassment prevention training that complies with the NYC Human Rights Law. The department also announced the April 28, 2020 settlement of the Title VII claims brought in its lawsuit on behalf of Houston firefighter Paula Keyes. Respondent LaGuardia Gateway Partners (LGP), which manages the Terminal B area, agreed to pay $4,000 in emotional distress damages to Complainant for this incident. Total receipts decreased by 26.3%. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. Receipts that included a claim for retaliation decreased by 10.4%. HFF will also post the Commissions Notice of Rights and the manager will attend training at the Commission. 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. 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. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. A Primer on Family and Medical Leave Act (FMLA) Retaliation Claims. 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. 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. Respondent then informed Complainant that Complainant not been chosen for the unit. The Commissions Law Enforcement Bureau found that Respondents violated the NYC Human Rights Law in refusing to provide a reasonable accommodation. 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. Damages usually consist of back wages, overtime pay etc., which fall to the employer to pay, not the insurance company. 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. Respondents also agreed to update their sexual harassment policy and training, post and distribute the Commission's Stop Sexual Harassment Act Notice and Fact Sheet and ensure that all of its employees complete the Commissions sexual harassment prevention training. Respondent initially demanded that the Complainant retain the architect herself and pay for the materials and installation. Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. 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. As part of the conciliation, Respondents agreed to pay Complainant $6,000 in emotional distress damages and post the Commission's Notice of Rights poster. Nanny Agency Pays $2,500 in Emotional Distress Damages for Violation of the Fair Chance Act, Agrees to Affirmative ReliefComplainant, an applicant, filed a complaint of discrimination against Absolute Best Care Nanny Agency, alleging that she was asked to complete an Authorization for Release of Information, which required a background check prior to a conditional offer of employment. The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. 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. 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. On February 21, 2018, the United States Supreme Court issued an opinion in Digital Realty Trust, Inc. v. Somers stating that the Dodd-Frank anti-retaliation provisions only extend to those persons who provide information relating to a violation of the securities laws to the SEC. Learn more about what constitutes retaliation, why it happens, and how to prevent it. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. Employment. Respondent agreed to pay $10,000 in emotional damages to Complainant, conduct anti-discrimination training on the NYC Human Rights Law and display the Commissions Notice of Rights and Stop Sexual Harassment Act posters at all 212 stores in New York City. 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. 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?" 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, MMPS of New York instituted new policies regarding pregnancy, childbirth, and related medical conditions as well as lactation polices for new parents who have returned to work; they also agreed to attend training and display the Commissions Notice of Rights poster. Following the passage of Dodd-Frank, the SEC implemented rules that enabled the SEC to take legal action against employers who have retaliated against whistleblowers. Landlord Agrees To Settle Commission-Initiated Disability Discrimination Case for Civil Penalties, Installation of Ramps, Affirmative ReliefThe Law Enforcement Bureau initiated an investigation after it received multiple complaints from building residents of 8750 Bay Parkway, Brooklyn, about the need for external and internal ramps, and agents of the landlord refused to construct those ramps. 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. 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. An investigation by the Law Enforcement Bureau confirmed that Respondent Crunch properly waited until making a conditional offer of employment to do background checks, but then failed to give Complainants individualized assessments of their criminal histories. Yodle Inc. Settles Case for $5,000 in Civil Penalties After Using Unlawful Language in their Employment ApplicationsA prospective job applicant used Yodles online employment application system to apply for a sales position at the company. 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 employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. Further, the Commission has neither approved nor disapproved them. 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. Regardless of whether the anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. 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. 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. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. 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. 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. Through a subsequent Commission-initiated intervention, the Commission and Key Food entered into a stipulation and order in which Key Food agreed to have its owner and managers attend a training on the NYC Human Rights Law at the National Supermarket Association, whose members will also be invited to attend. The settlement came almost one year before the case was set for a jury trial in federal district court in Richland, WA. Respondents resolved the matter pre-complaint by entering into a Stipulation and Order with the Commission, requiring Respondents to design and construct a compliant ramp at the buildings entrance to accommodate all tenants unable to use the front stairs due to a disability. 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. During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. She also stated that she was fired after she reported her supervisor to management. The Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. The employer had failed to properly apply the Article 23-A analysis pursuant to the Fair Chance Act. Sex Discrimination. 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. 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. After two weeks, OMG terminated Complainants employment. 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. 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. Upon investigating, the Law Enforcement Bureau discovered that the Respondent's application form also requested authorization to conduct criminal background checks in violation of the Fair Chance Act. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. All Respondents will also post the Commissions notices, attend the Commissions training, and create policies to reflect their responsibilities under the New York City Human Rights Law. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. 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. Equal Employment Opportunity Commission. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. Chipotle will also post the Commissions Notice of Rights in English and Spanish, the Pregnancy Discrimination Notice, and Stop Sexual Harassment Notice, at all its New York City locations. The Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation. 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.
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