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 ). NYC Parks also trained the named managers and other Staten Island employees on the NYC Human Rights Laws protections for survivors of domestic violence, revised its anti-discrimination policy, created a Parks-specific domestic violence protections poster to post along with the Commissions Notice of Rights. Total receipts decreased by 26.3%. Chipotle agreed to train its NYC general managers on NYCs Human Rights Law, and provide an addendum to its New York City based handbook for all employees, outlining their rights to request a reasonable accommodation for pregnancy and pregnancy-related conditions. Respondent agreed to pay a $40,000 civil penalty; implement a ban the box policy on a nationwide basis; disregard misdemeanor convictions more than 3 years old for non-driver positions, with certain exceptions; limit its consideration of convictions to those within the past 7 years, with certain exceptions; train all New York City-based managers and employees who make hiring decisions for New York City employees on the NYC Human Rights Law, including the Fair Chance Act; revise its policies to conform with the NYC Human Rights Law; and post the Commissions Legal Notices. 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. While many businesses attempt to operate lawfully, some do not. 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. 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. 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. 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. The monkey figurine from the collection evoked images of Sambo, a caricature that, over generations, has been used to mock and dehumanize Black people. The Respondent cooperated with the Law Enforcement Bureaus investigation and sought to mitigate damages to the Complainant. 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. 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. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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. It is important to note that lawsuits like the one above are not only common, but can happen without warning. Agreement reached over alleged violations of California's false claims, false advertising and unfair business practices laws. Pending Cases Currently Under Investigation at Elementary - ed The SEC has brought a number of actions based on both retaliatory conduct as well as actions taken to impede reporting. 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. 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. 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. 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. EEOC Litigation Settlement Activity - January 2020 - OutSolve Only the SEC, however, may file an enforcement action for a violation of Rule 21F-17(a). Key Food also agreed to create and implement anti-discrimination policies under the NYC Human Rights Law and display a service animal poster in all of its places of business. Harassment, Forced to Quit. 2601, et seq ., is an important law that allows employees in need to . 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. Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. 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). 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. Heres Why You Need an Attorney. 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. 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. ICE detainees allege retaliation after speaking out about medical Retaliation Complaint Investigation Unit (RCI) 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. 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. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. Due to Respondents demonstrating financial hardship after being forced to close because of the COVID-19 pandemic, civil penalties were waived. 3-17736 (December 19, 2016), In the Matter of Anheuser-Busch InBev SA/NV, File No. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. Receipts that included a claim for retaliation decreased by 10.4%. Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . 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 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. 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. The patron ultimately decided not to pursue the matter. HFF Realty LLC and Manager Agree to Policy Changes, Training, and Postings After Refusing to Accommodate Emotional Support AnimalsTesting conducted by the Commission revealed that HFF Realty refused to reasonably accommodate emotional support animals for tenant applicants. 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. Complainant alleged that another job could have been found for her as a reasonable accommodation. 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. $10,000. The parties were unable to resolve the matter through mediation. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. 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. 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. 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. 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. 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. City of New York. Blue Ribbon Retaliation Intvn Cnter | Temecula, CA | Cause IQ Respondent River Point Towers Cooperative Inc. agreed to pay $27,000 in emotional distress damages, create a written accommodation policy in compliance with the NYC Human Rights Law, and distribute the policy to all residents, co-op board members, and its staff. Save my name, email, and website in this browser for the next time I comment. Terminated.com Lawyers obtained a $400,000 settlement in a disability discrimination case without ever having to file a lawsuit. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Here's Why Retaliation Claims Are Easier To Prove In Court Than They are not rules, regulations or statements of the Securities and Exchange Commission. Learn more about what constitutes retaliation, why it happens, and how to prevent it. The Law Enforcement Bureau conducted an investigation and concluded that there was probable cause to credit the complainants allegations that Alliance Building Services unlawfully inquired into his criminal history prior to a conditional offer of employment. 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. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. If you are looking to file a lawsuit, you must first know whether your lawyer has experience with these lawsuits. The former manager, no longer employed with H+H, was required to attend the Commissions Anti-Sexual Harassment Training. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. 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 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 Justice Department also announced the settlement of related retaliation claims filed against Pocomoke City, Maryland that were resolved on Dec. 4, 2019. She also stated that she was fired after she reported her supervisor to management. 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. 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 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. 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. Remsen Owners Corp. Agrees to Install a Railing to Rectify Inaccessibility IssueComplainant reported to the Commissions Law Enforcement Bureau that the exterior steps of her building, belonging to Respondent Remsen Owners Corp., prevented her from entering or exiting unless assisted by another individual. 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). 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. After its investigation, the Law Enforcement Bureau credited Complainants allegation. The Respondent agreed to attend training on theNYC Human Rights Law and pay the Complainant $2,500 in emotional distress damages. Further, the Commission has neither approved nor disapproved them. Your email address will not be published. 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. The Commissions Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. 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. 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. 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. 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.

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