The Respondents were cooperative with the Commissions process and were required to pay $7,500 in civil penalties, make changes to ensure their policies were compliant with the source of income provisions of the NYC Human Rights Law, attend training on the NYC Human Rights Law, send notices about the source of income protections under the NYC Human Rights Law to Respondents brokers and agents, and post notices of rights in their building. Following the investigation, the parties agreed to enter into a settlement agreement in which Respondent Services for the Underserved, Inc. agreed to pay Complainant $21,000 in emotional distress damages; $500 in backpay damages; and pay a $14,000 civil penalty. 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 broker respondents collectively agreed to pay $3,500 to Complainant in emotional distress damages and another $3,500 as a civil penalty, and the landlord respondents agreed to pay Complainant $3,000 in emotional distress damages. They are not rules, regulations or statements of the Securities and Exchange Commission. 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. 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. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. Colonial Road Associates LLC and Rosario Parlanti Agrees to Pay $10,000 in Civil Penalties and to Set Aside Units for Voucher HoldersIn a Commission-initiated case, Respondents, who are landlords, were found to have refused a Section 8 voucher holder in violation of the New York City Human Rights Law. 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. Regardless of whether the Dodd-Frank anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. 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. The Retaliation Complaint Investigation Unit (RCI) investigates workplace retaliation complaints. 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. Dodd-Frank also created a private right of action that gives whistleblowers the right to file a retaliation complaint in federal court. Respondents agreed to pay $15,000 in civil penalties, to include the Commissions Notice of Rights in all new leases, to post the Commissions Notice of Rights in their building, and to attend training on their obligations under the NYC Human Rights Law. 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. 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. 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 Federal Savings Bank Pays $320,000 To Resolve Sexual Harassment and Retaliation Claims and Agrees to Affirmative Relief and Ongoing MonitoringA former employee filed gender-based harassment and retaliation claims against her employer, The Federal Savings Bank (FSB), and FSBs former CEO Stephen Calk, alleging claims of sexual harassment and retaliation by terminating her employment after she complained. You may bring an action in federal court within a certain time period if your employer violates the anti-retaliation provisions of Dodd-Frank. Respondent claimed that other job options were very limited, and that Complainant never recovered from her injuries sufficiently to perform the essential functions of any job. 3-17312 (June 23, 2016), In the Matter of KBR, Inc., File No. Examples include: Termination, suspension, transfer or demotion. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. 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. 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. 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?" 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." She also stated that she was fired after she reported her supervisor to management. You do not need to reside or work in the United States to be eligible for an award under our whistleblower award program. 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. Complainant, Respondent, and the Law Enforcement Bureau entered into a conciliation agreement requiring the payment of $17,750 in damages to complainant, including attorneys' fees, a $17,250 civil penalty, and affirmative relief including conducting training for all personnel involved in hiring and posting of the Commission's materials on the use of criminal conviction history and credit reporting in hiring. 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. Doctors Office Pays $47,500 in Damages and Penalties in National Origin, Citizenship Status, and Gender Discrimination CaseAn employee in a doctors office reported that her supervisor subjected her to a hostile work environment during her four-month employment by making discriminatory comments about her national origin, citizenship status, and gender. 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. 02/19/2021 - OSHA National News Release - US Department of Labor announces OSHA will investigate complaints of whistleblower retaliation under new antitrust, money laundering laws October 2020 Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. 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. You can find information about your rights and protections under SOX on the Department of Labors whistleblower website. Touro also agreed to modify its employee policies to comply with the NYC Human Rights Law as well as train its managers and supervisors on the NYC Human Rights Law. 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. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. 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. 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. 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. 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. 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. 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. All Respondents agreed to attend training on the NYC Human Rights Law, and Mulberry and Alpha also agreed to update their policies and put up Commission notices to educate tenants and workers about fair housing, disability rights, and the NYC Human Rights Law. Equal Employment Opportunity Commission (EEOC).. A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus between them.An employee engages in "protected activity" when s/he complains of . Name Title Compensation Date of data; Mario Munoz: Vice President: $0: 2021-12-31: Leslie Mariscal: President: $0: 2021-04-22: Financials for Blue Ribbon Retaliation Intvn Cnter. 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. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. The Commission sent a cease and desist letter and the parties signed a Stipulation and Order, with the Respondent agreeing to revise its polices, inform all employees of the revised policy, attend training, and post the Commissions Notice of Rights. The Justice Department also announced the settlement of related retaliation claims filed against Pocomoke City, Maryland that were resolved on Dec. 4, 2019. The online application contained language authorizing Yodle to contact law enforcement and credit agencies. While Complainant was working, he was classified as an independent contractor in both Respondents HR systems. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. 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. 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. For example, if the defendant is willing to enter into mediation, this will not require them to go to court. Disability Discrimination. Respondents also agreed to update their policies and procedure on reasonable accommodation requests, to post nondiscrimination notices across their 14 buildings, and for the landlord to also attend an anti-discrimination training. 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. Disciplinary actions or threats. $10,000. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. 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. There are many different types of businesses, ranging from stores to franchises to services. 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. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. The Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. 3-17736 (December 19, 2016), In the Matter of Anheuser-Busch InBev SA/NV, File No. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law. 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. 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. Exit Realty Central, Landlords, and Broker Agree To Pay $10,000, Attend Training, Create Policies, and Post Notices to Settle Presence of Children CaseRespondent Exit Realty Central (Exit Central), an individual broker, and three individual landlords have agreed to settle a case filed by an applicant, a single mother, who they refused a showing at the landlords unit after the individual broker said she had too many kids. An investigation by the Commissions Law Enforcement Bureau confirmed that the individual broker sent the text message while working for Exit Central. Following the incident, the patient filed a complaint against LabCorp for failing to accommodate his disability during his visit. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. 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. Employment. Respondents cooperated fully with the Commissions investigation. 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. 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. 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. Personnel at Blue Ribbon Retaliation Intvn Cnter. 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. LaGuardia Gateway Partners Pays $4,000 in Emotional Distress Damages to Settle Discrimination Case, Agrees to Affirmative Relief. 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. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology. 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. Respondent agreed to pay $2,500 in emotional distress damages to Complainant, conduct training on the Fair Chance Act and the NYC Human Rights Law, make policy changes and post the Commissions Notice of Rights and the Stop Sexual Harassment poster in its workplace. 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 Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. The parties were unable to resolve the matter through mediation. If you are looking to file a lawsuit, you must first know whether your . 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. Basis. 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 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 Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. 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. Divorce Lawyer: Understanding Their Role in Your Divorce Case, Charged with a Felony? PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. Age, Disability. 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. 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. Unfair immigration-related practices. To settle the case, Respondents Mulberry and Alpha each paid a civil penalty of $1,000 to the City of New York, and Respondent Alpha also paid $2,000 to the Complainant for emotional distress. HSBC and Geneva Consulting Firm Agree to Pay $99,500 in Damages and Penalties in Race Discrimination and Retaliation CaseComplainant, a white man married to a Black woman, alleged that Respondents subjected him to a hostile work environment when Respondents failed to address his complaint about his co-workers racist comments against Black people, and retaliated against him by terminating his employment the day following his complaint. 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. 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. 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. $100,000 - CEPA Retaliation $125,000 - CEPA Retaliation $125,000 - Sexual Harassment $100,000 - Disability Discrimination $200,000 - Race Discrimination 2020 $352,000 - Disability Discrimination $300,000 - Marital Status Discrimination $225,000 - Sexual Harassment $110,000 - National Origin Discrimination $247,000 - Sexual Harassment Richard Sandoval Hospitality Agrees to Training and Notice of Rights Postings for Discriminatory Questions about Immigration at a Manhattan RestaurantAfter receiving credible information that Zengo, a restaurant in Manhattan, was making inappropriate inquiries regarding the immigration status of its customers, the Commission sent a cease and desist letter and ultimately came to an agreement with Richard Sandoval Hospitality (RSH), the restaurants corporate owner. 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. 1 Twitter 2 Facebook 3RSS 4YouTube Pending Cases Currently Under Investigation at Elementary-Secondary and Post-Secondary Schools as of January 27, 2023 7:30am Search. For example, in the past, sometimes lawsuits arise out of someone being offended by another individual. As part of the settlement agreement, Chipotle paid the employee $11,220 in back pay, $15,000 in emotional distress damages, $10,000 in attorney fees, and $10,000 in civil penalties. 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. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 OULegal. Wednesday, September 30, 2020. . 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.