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3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. 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. 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. Bloomsbury will also post the Commissions Notice of Rights and Salary History Ban posters in its offices and a member of its management will attend training at the Commission. 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. The Academy signed a stipulation and order agreeing to revise its policy to make clear that natural hairstyles and hairstyles commonly associated with Black people or with other racial, ethnic, or cultural identities, including, but not limited to, braids, shall be allowed, and that any safety or other restrictions on hairstyle shall not discriminate based on racially protected characteristics. Divorce Lawyer: Understanding Their Role in Your Divorce Case, Charged with a Felony? 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. LOS ANGELES - Attorney General Kamala D. Harris today announced that the Bureau of Children's Justice and False Claims Unit of the California Department of Justice has reached a settlement agreement with K12 Inc., a for-profit online charter school operator, and the . 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. A member of RSHs management will also attend training at the Commission. The Respondent cooperated with the Law Enforcement Bureaus investigation and sought to mitigate damages to the Complainant. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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. If you are looking to file a lawsuit, you must first know whether your lawyer has experience with these lawsuits. 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. Following the Law Enforcement Bureaus investigation, the Commission, Complainants, and Respondent entered into a conciliation agreement requiring Respondent to pay Complainants $2,000 in emotional distress damages; attend training on the NYC Human Rights Law; create and implement an anti-discrimination policy; and post the Commissions Notice of Rights and Service Animals Welcome posters. 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. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. 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. CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees. 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. All Rights Reserved. If you have already reported to the company, you can still report to the Commission now. 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. The Commissions Law Enforcement Bureau found that Respondents violated the NYC Human Rights Law in refusing to provide a reasonable accommodation. 3-15930 (June 16, 2014), Enforcement Actions Based on Actions Taken to Impede Reporting, In the Matter of Activision Blizzard, Inc., File No. Rule 21F-17(a) provides that [n]o person may take any 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 Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. An investigation by the Commissions Law Enforcement Bureau confirmed that after Complainants ex-boyfriend attacked her directly outside of Lyons, Respondents blamed her for endangering her coworkers and repeatedly refused to prevent the ex-boyfriend from entering the premises, despite not being a member of Lyons, and then transferred Complainant to another facility and did not renew her seasonal job. 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. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. After completing the application, in which Complainant was required to share criminal history information, Respondent never followed up with her to refer her to any clients. 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. Only the SEC, however, may file an enforcement action for a violation of Rule 21F-17(a). 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, 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. 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. The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. Retaliation is one of the most common employment claims pursued in court. 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. Home. Chipotle Mexican Grill, Inc. Design House and Luxury Retailer Prada USA Corp.Agrees to Groundbreaking Settlement and Commits to Restorative Justice Measures Including Creating a Scholarship Program, Hiring a Diversity and Inclusion Officer, Undergoing Racial Equity and Training, and Increasing Staff Diversity In December 2018, the Commission's Law Enforcement Bureau issued a cease and desist letter and launched an investigation into Pradas display and sale of its Pradamalia merchandise. 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. 3-20820 (April 12, 2022), In the Matter of Guggenheim Securities, LLC, File No. Learn more about what constitutes retaliation, why it happens, and how to prevent it. Touro refused to grant the accommodation and terminated Complainant. Dodd-Frank also created a private right of action that gives whistleblowers the right to file a retaliation complaint in federal court. Damages usually consist of back wages, overtime pay etc., which fall to the employer to pay, not the insurance 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 Club will also post the Commissions Notice of Rights and a member of its management will attend training on the New York City Human Rights Law at the Commission. This is why it is important to consult with a lawyer before signing any type of contract with anyone. 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. 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. 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. 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. 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. )(September 13, 2018), In the Matter of Homestreet, Inc. and Darrell Van Amen, File No. For example, in the past, sometimes lawsuits arise out of someone being offended by another individual. Heres Why You Need an Attorney. The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. One of the COVID-19 claims filed earlier this week, although not a class action, prompts me to add a seventh distinct risk for employers: claims by employee "whistleblowers" alleging. 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. FY 2016 - FY 2020: As a percentage of total charge receipts, receipts that included a claim for retaliation increased. The investigation found that the restaurant owner made one Complainant show the medical device affixed to her body in public and after doing so, denied Complainants service on the basis of one Complainants disability and her service animal. LEB found that the authorization form used by Yodle in their employment applications was in violation of the New York City Human Rights Law (NYCHRL). We encourage you to provide information about potential securities law violations to the SEC by submitting a tip. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. 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. 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. Landlord Settles Alienage Status Discrimination Case for $15,000 in Civil Penalties and Affirmative ReliefThe Commission filed a Commission-initiated complaint against a landlord alleging citizenship status discrimination for sending a series of harassing e-mails to a potential tenant regarding their citizenship status, followed by e-mails to one of their bosses seeking to have them removed from the country. 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. Tamosaitis agreed to a settlement of his federal retaliation lawsuit against Hanford contractor URS for $4.1 million dollars. 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. Services for the Underserved, Inc. Settles Complaint Alleging Discrimination on the Basis of Criminal Conviction History for $35,500 in Damages and PenaltiesComplainant, a prospective employee, filed a complaint against Services for the Underserved, Inc., a nonprofit agency providing services to individuals with disabilities, alleging that her job offer had been unlawfully rescinded after a required background check. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. Swatch Pays Damages, Civil Penalties, and Undertakes Affirmative Relief in Stop Credit Discrimination in Employment Act Case Complainant alleged that he visited a Swatch Group (US) Inc. store location to apply for a retail position, where he was presented with a paper application requesting that he authorize the employer to check his credit report, in violation of the New York City Human Rights Law's Stop Credit Discrimination in Employment Act protections. 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. $10,000. RCI also investigates: pay inequity based on sex. 3-20904 (June 22, 2022), In the Matter of David Hansen, File No. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. It is important to note, however, that not all cases involving discrimination will result in monetary compensation.