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. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. Touro refused to grant the accommodation and terminated Complainant. If youchoose to report a possible securities law violation internally to your company, you also can report that information directly to the SEC either before or at the same time as reporting internally. 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. 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. 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. 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. 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. Enforcement Actions Based on Retaliatory Conduct, SEC v. GPB Capital Holdings, LLC, et al.,21-cv-00583 (E.D.N.Y., filed February 4, 2021), In the Matter of SandRidge Energy, Inc., File No. 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. 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. 1. Respondent Agrees To Settle Discriminatory Harassment Claim Brought by Neighbor for $1,000 in Civil Penalties, Training and Withdrawal of a State Court ActionIn a discriminatory harassment case involving two neighbors, Complainant alleged that Respondent continued to harass Complainant and his minor son due to the sons disability. Damages usually consist of back wages, overtime pay etc., which fall to the employer to pay, not the insurance company. 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. 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. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. 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 Complainant then informed MSKCC that, due to her ongoing recovery, she would need to continue working part-time and was willing to work in other departments that had part-time positions available. 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 Respondents also participated in the Commissions set aside program, wherein they helped secure an apartment for another housing-unstable voucher holder as part of the settlement agreement. 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. The Respondent also agreed to create a comprehensive policy regarding assessment of applicants with criminal conviction histories' to provide training to human resources employees; and to display postings outlining its obligations under the NYC Human Rights Law. The Commission 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. FY 2016 - FY 2020: As a percentage of total charge receipts, receipts that included a claim for retaliation increased. For example, in the past, sometimes lawsuits arise out of someone being offended by another individual. The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. Receipts that included a claim for retaliation decreased by 10.4%. 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. Only the SEC, however, may file an enforcement action for a violation of Rule 21F-17(a). Required fields are marked *. 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. 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. Age, Disability. Total receipts decreased by 26.3%. After issuing a probable cause finding, the parties entered into a conciliation agreement in which Respondent agreed to pay Complainant $15,000 in emotional distress damages; waive over $14,000 in rent arrears and other fees; train employees with job duties related to reviewing or evaluating rental applications on the NYC Human Rights Law and source of income discrimination; revise their tenant screening policies, and display the Commissions Fair Housing, Its the Law poster at any and all of the buildings in their portfolio. 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. The Academy will also post the Commissions Notice of Rights and natural hair posters along with its new policy, and a member of its management will attend training at the Commission. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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. Divorce Lawyer: Understanding Their Role in Your Divorce Case, Charged with a Felony? All Rights Reserved. She also stated that she was fired after she reported her supervisor to management. 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. 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. You can find information about your rights and protections under SOX on the Department of Labors whistleblower website. 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. The co-op board members and Respondents staff members will also attend training on the NYC Human Rights Law. This is why it is important to consult with a lawyer before signing any type of contract with anyone. Prior to the conciliation, Respondents attended an anti-discrimination training, created a new reasonable accommodation policy for emotional support animals and service animals, and posted the Commissions anti-discrimination notices at all residential buildings in its portfolio. 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 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. 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. 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. 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. There are even cases like those mentioned above, in which individuals filing suit are actually employees of the company being accused of discrimination. Landlord Agrees to Pre-Complaint Resolution by Accommodating Tenant with Disability, Policy Changes, Training, and PostingsA landlord provided a tenant with a reasonable accommodation for her disability by replacing Complainants bathtub with a walk-in shower, created a reasonable accommodations policy for all current and prospective tenants, agreed to attend the Commissions anti-discrimination training, and to display posters outlining its obligations under the NYC Human Rights Law. 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. Respondents denied these allegations, and the Complainant and Respondents entered into a conciliation agreement requiring Respondents to pay $17,500 in emotional distress damages to Complainant. Pending Cases Currently Under Investigation at Elementary-Secondary and Post-Secondary Schools as of January 27, 2023 7:30am Search. The property manager for the building also attended a training on the NYC Human Rights Law. 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. 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. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. After two weeks, OMG terminated Complainants employment. Complainant responded that he was engaged. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). 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 then informed Complainant that Complainant not been chosen for the unit. 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. 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. 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.
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