Disciplinary actions or threats. It is important to note, however, that not all cases involving discrimination will result in monetary compensation. $10,000. The Commissions Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. The parties were unable to resolve the matter through mediation. What Possible Damages Could Be Awarded to You After a Motorcycle Accident? 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. 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. 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 Commission sent a cease and desist letter and ultimately came to an agreement with both HFF and an HFF manager, who both signed a stipulation and order agreeing to revise its policies on service and emotional support animals. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. 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. 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. Stop and Shop Supermarket Pays $10,000 in Emotional Distress Damages and Agrees To Affirmative Relief in Religious Discrimination CaseComplainant, a Muslim, filed a complaint against Stop and Shop Supermarket Company alleging that an employee made an Islamophobic comment to him during a visit to one of companys stores in Queens. Respondents Pay $15,000 in Emotional Distress Damages and Agree to Bring Complainants Account Balance to Zero in Source of Income Discrimination CaseComplainant, a Section 8 recipient, filed a Complainant alleging that her landlord refused to allow her to begin using her Section 8 voucher after she became eligible for the voucher during her tenancy. 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. 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. After this is decided, the lawsuit itself will follow. Social Services Company EAC Network Pays $12,500 for Terminating Employee While Out on DisabilityA substance abuse/mental health counselor who sustained serious injuries to her hand and foot, requiring a long-term medical leave, was terminated from her employment after several months when her employer claimed that it could no longer hold her job open. The lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. 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 Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. Virgin Atlantic Airways Pays $18,000 in Damages For Failing to Provide a Reasonable Accommodation to an EmployeeComplainant, who has a disability that was being aggravated by her job tasks, requested leave from her job with Virgin Atlantic as a reasonable accommodation for her disability. 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. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. 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 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. 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 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. Your email address will not be published. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. 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.. Respondents cooperated fully with the Commissions investigation. It remains to be seen whether the U.S. Supreme Court's decision in 2020 that discrimination based on sexual orientation and gender identity is prohibited sex discrimination will have an impact on total LGBTQ-based sex discrimination charges filed.. 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. We encourage you to provide information about potential securities law violations to the SEC by submitting a tip. 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 . Wednesday, September 30, 2020. . Incident(s) Terms. NYC Landlord Pinnacle Management Settles a Source of Income Discrimination Case for $50,000 in Damages and Extensive Affirmative Relief, Including the Set Aside of Apartments for Voucher Holders Complainant, a recipient of the Family Eviction Prevention Subsidy (FEPS), filed a complaint alleging that Respondents Pinnacle Management rejected her application for an apartment because they were not aware of the FEPS program and did not believe that Complainant would be able to pay rent. 2601, et seq ., is an important law that allows employees in need to . Sex Discrimination. 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. 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. The Respondent agreed to pay the Complainant $10,000 in emotional distress damages, conduct training for staff on the Fair Chance Act, create new employment policies prohibiting criminal history discrimination, and post the Commission's Fair Chance Act and Notice of Rights poster in all locations. Damages usually consist of back wages, overtime pay etc., which fall to the employer to pay, not the insurance company. 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 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. 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. The Retaliation Complaint Investigation Unit (RCI) investigates workplace retaliation complaints. In this instance, they may turn to civil litigation, which will not require a trial. The release also indicated that the records searched would include a 7-year criminal check, driving record, national wants and warrants, and a national criminal file. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. This can include instances where a person feels they were fired unfairly or that they have experienced a negative influence on the way they have been treated. 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. Landlord Pays $9,000 in Damages for Failing to Accommodate Tenant; Replaces Bathtub, Changes Policies, Posts Anti-Discrimination Notices in 14 Buildings, and Agrees to TrainingA Bronx tenant requested an accommodation for her landlord to modify her bathtub in order to accommodate her disabilities.The tenant filed a complaint alleging that her landlord refused to replace the bathtub. PSF will also post the Commissions Notice of Rights, Single-Sex Facilities Notice, and Pink and Blue campaign posters at both Dolphin Fitness locations, and a member of PSFs management will attend training at the Commission. 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. 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). Mount Sinai Beth Israel Hospital Agrees to Pay $10,000 in Emotional Distress DamagesComplainant, a man who is transgender, alleged that a Mount Sinai Beth Israel nurse subjected him to gender-based discrimination while he sought medical care at the hospital. 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 Commission found probable cause and referred the matter to the Office of Administrative Trials and Hearings, where the parties came to a settlement agreement. 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 ). 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York. Disability Discrimination. Receipts that included a claim for retaliation decreased by 10.4%. 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. CFM 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. There are even cases like those mentioned above, in which individuals filing suit are actually employees of the company being accused of discrimination. 3-15930 (June 16, 2014), Enforcement Actions Based on Actions Taken to Impede Reporting, In the Matter of Activision Blizzard, Inc., File No. 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.
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