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. All Rights Reserved. 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. Basis. The Complainants were paid $3,000 dollars in emotional distress damages, and the landlord agreed to post the Commission's Notice of Rights and "Fair Housing, It's the Law" poster, and attend the Commission's "Know Your Obligations" training. In the Matter of Activision Blizzard, Inc. The Respondents settled with the Commission by agreeing to pay the Complainant $5,000 in emotional distress damages, and the broker agreed to take a training on the source of income provisions of the NYC Human Rights Law. Agreement reached over alleged violations of California's false claims, false advertising and unfair business practices laws. The lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. 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. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. Read Gay City News coverage of the case here. Retaliation is one of the most common employment claims pursued in court. 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. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 in civil penalties to the general fund of the City of New York and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondent to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commissions notice of rights in their office. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. Personnel at Blue Ribbon Retaliation Intvn Cnter. 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The Commission and the parties entered into a conciliation agreement requiring H+H to pay the Complainant $140,000 in emotional distress damages, post the Commissions Notice of Rights and distribute the Stop Sexual Harassment Act factsheet, and establish an additional avenue for Equal Employment Opportunity staff to report allegations of harassment and discrimination. 2601, et seq ., is an important law that allows employees in need to . 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 employer had failed to properly apply the Article 23-A analysis pursuant to the Fair Chance Act. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. 97 Euclid Realty Pays $35,000 in Damages and Civil Penalties, Agrees to Affirmative Relief to Resolve Retaliation ClaimA tenant filed a complaint alleging that her buildings superintendent sexually assaulted her and that her landlord increased her rent after she obtained an order of protection against the superintendent. 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. The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. Data Visualizations: Retaliation Charge Data | U.S. Equal Employment Respondents also agreed to update their sexual harassment policy and training, post and distribute the Commission's Stop Sexual Harassment Act Notice and Fact Sheet and ensure that all of its employees complete the Commissions sexual harassment prevention training. The first step to getting the right advice is knowing what type of lawsuit you should be pursuing. EEOC releases fiscal year 2020 charge and litigation data: Retaliation 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. The employee claimed that the company discriminated against him on the basis of his age in violation of the Age Discrimination in Employment Act (ADEA) and on the basis of his national origin in violation of Title VII of the Civil Rights Act and retaliated against him for lodging internal complaints. Area. 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. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. The patron ultimately decided not to pursue the matter. 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. 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. Complainant and Respondents entered into a conciliation agreement requiring Respondents to pay $25,000 in emotional distress and lost housing opportunity damages to Complainant and $15,000 in civil penalties to the general fund of the City of New York. COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation Wrongful Termination Lawyer Orange County | Employment Law Firm Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. While Complainant was working, he was classified as an independent contractor in both Respondents HR systems. 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?" 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. 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. 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. 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). Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. There are even cases like those mentioned above, in which individuals filing suit are actually employees of the company being accused of discrimination. We encourage you to provide information about potential securities law violations to the SEC by submitting a tip. After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. Lawsuits & Settlements | State of California - Department of Justice 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. Recent amendments to the whistleblower programs rules also require individuals to report information about possible securities laws violations to the Commission in writing before experiencing retaliation to qualify for the retaliation protection under Section 21F. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). 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. Gucci also announced, among its initiatives, a global strategy to increase cultural sensitivity and awareness; hired a global head of Diversity, Equity and Inclusion; appointed an Executive Advisor for Global Equity and Culture Engagement; established a Global Equity Board; created a multicultural design fellowship program; and implemented unconscious bias training for employees in the United States. 6LinkedIn 8 Email Updates, Protections Against Actions Taken to Impede Reporting, Department of Labors whistleblower website, In the Matter of International Game Technology, In the Matter of Paradigm Capital Management, Inc. and Candace King Weir. 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. As EEOC works to address this issue, you can help. Settlements 2020/2021 | Iowa Civil Rights Commission Terminated.com Lawyers obtained a $400,000 settlement in a disability discrimination case without ever having to file a lawsuit. 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. 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. Such an agreement may violate the federal securities laws. The Commissions Law Enforcement Bureau conducted an investigation and concluded that there was probable cause to credit the complainants allegations that Respondents unlawfully inquired into his criminal history prior to a conditional offer of employment. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Indeed, it's the #1 claim individuals make at the U.S. 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. 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. Through its investigation, the Law Enforcement Bureau discovered evidence to support allegations that Complainants supervisor made inappropriate sexual comments and subjected Complainant to unwanted touching on multiple occasions. Due to Respondents demonstrating financial hardship after being forced to close because of the COVID-19 pandemic, civil penalties were waived. Equal Employment Opportunity Commission. 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. FY 2016 - FY 2020: As a percentage of total charge receipts, receipts that included a claim for retaliation increased. Unfair immigration-related practices. As a result, Complainant resigned from her job so she could comply with the obligations of her faith. 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. Colony East 5th Realty LLC Pays $39,000, and Installs Ramp To Settle Disability Discrimination ComplaintComplainant alleged that her landlord, Colony East 5th Realty LLC, failed to accommodate her disability by failing to construct a ramp at her apartment buildings main entrance. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. 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. 3-17786 (January 17, 2017), In the Matter of NeuStar, Inc., File No. 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. Your email address will not be published. Virgin Atlantic agreed to pay $18,000 in emotional distress damages to Complainant, develop a new policy regarding disability accommodations compliant with the NYC Human Rights Law, post the Commissions Notice of Rights, and provide training on the NYC Human Rights Law and disability accommodations to all human resources personnel. Respondents resolved the matter pre-complaint by entering into a Stipulation and Order with the Commission, requiring Respondents to design and construct a compliant ramp at the buildings entrance to accommodate all tenants unable to use the front stairs due to a disability. Fashion Retailer Zara Agrees to Pay $30,000 in Emotional Distress Damages, Train Its Employees, and Work With Community Organizations to Create Employment Opportunities for Transgender, Gender Non-Conforming, and Non-Binary New YorkersComplainant, who identifies as gender non-binary, filed a complaint against Zara alleging that they faced gender-based discrimination and harassment while trying to use fitting rooms at Zara stores in New York City. 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.