Retaliation Complaint Investigation Unit (RCI) Sex Discrimination. Discipline, Harassment . 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. 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. A Complainant also filed a complaint against Prada in January 2019. 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. NYC Department of Correction Agrees To Pay $6,000 and Put Up Postings to Settle Former Employees Race and Marital Status Discrimination ClaimComplainant, an investigator for the NYC Department of Corrections, alleged that during an interview for a specialized unit a supervisor asked about his marital status and stated that members of Complainants race never made it on to Respondents team. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. Special Report On Retaliation Claims: An Overview for EPL Claims 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. All About Family and Medical Leave Act Retaliation Claims After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. 3-16466 (April 1, 2015), Activision Blizzard to Pay $35 Million for Failing to Maintain Disclosure Controls Related to Complaints of Workplace Misconduct and Violating Whistleblower Protection Rule (2/3/23), SEC Charges the Brink's Company with Violating Whistleblower Protection Rule (6/22/22), SEC Charges Co-Founder of Technology Company for Violating Whistleblower Protection Rule (4/12/22), SEC Charges Broker-Dealer for Violating Whistleblower Protection Rule (6/23/21), SEC Charges Investment Adviser and Others With Defrauding Over 17,000 Retail Investors (2/4/2021), SEC Charges Issuer and CEO with Violating Whistleblower Protection Laws to Silence Investor Complaints (11/4/2019), Connecticut Broker and Investment Adviser Convicted On 21 Counts of Fraud and Money Laundering (6/10/2019), Financial Company Charged with Improper Accounting and Impeding Whistleblowers (1/19/17), Blackrock Charged with Removing Whistleblower Incentives in Separation Agreements (1/17/17), Company Settles Charges in Whistleblower Retaliation Case (12/20/16), Company Violated Rule Aimed at Protecting Potential Whistleblowers (12/19/16), Risk Alert: Examining Whistleblower Rule Compliance (10/24/2016), SEC: Casino-Gaming Company Retaliated Against Whistleblower (9/29/16), SEC Charges Anheuser-Busch InBev With Violating FCPA and Whistleblower Protection Laws (9/28/16), Company Punished for Severance Agreements That Removed Financial Incentives for Whistleblowing (8/16/16), Company Paying Penalty for Violating Key Whistleblower Protection Rule (8/10/16), Merrill Lynch to Pay $415 Million for Misusing Customer Cash and Putting Customer Securities at Risk (6/23/16), SEC Announces Award to Whistleblower in First Retaliation Case (4/28/15), SEC: Companies Cannot Stifle Whistleblowers in Confidentiality Agreements (4/1/15), SEC Charges Hedge Fund Adviser With Conducting Conflicted Transactions and Retaliating Against Whistleblower (6/16/14), Statement on Court Filing by SEC to Protect Whistleblowers From Retaliation (2/20/14), STAY CONNECTED 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 . Damages usually consist of back wages, overtime pay etc., which fall to the employer to pay, not the insurance company. Bloomsbury Publishing Settles Salary History Discrimination Claim, Pays $5,000 Civil Penalty; and Agrees to Policy Changes, Training, and PostingsAfter receiving credible information that Bloomsbury Publishing was asking job applicants for salary history, in violation of the New York City Human Rights Law, the Commission filed a Commission-initiated complaint. 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. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. For example, if an employer discovered that an employee was making jokes about another person in front of their peers, this would often mean that the employer would be liable for firing the employee. Area. 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. 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. Respondent Dalton also agreed to ensure its policies regarding tenant screening and reasonable accommodations are in compliance with the NYC Human Rights Law, to provide training to its employees, and to display postings outlining its obligations under the NYC Human Rights Law. 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. The parties entered into a conciliation agreement in which Respondents paid Complainant $59,500 in full back pay and $10,000 in emotional distress damages; Respondent HSBC paid $30,000 in civil penalties to the City of New York; updated their discrimination policies to comply with the NYC Human Rights Law; posted the Commissions Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Discrimination Notice; and trained all supervisory/managerial employees with hiring responsibilities on NYC Human Rights Law. 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. There are even cases like those mentioned above, in which individuals filing suit are actually employees of the company being accused of discrimination. At the time, Complainant was a homeless mother. 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. 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. 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. Receipts that included a claim for retaliation decreased by 10.4%. Pano Dion Corp., d/b/a Milkflower Settles Disability, Service Animal Case for $11,000 in Emotional Distress DamagesComplainants attempted to dine at Milkflower, a restaurant in Astoria, Queens, when they were denied entry due to the presence of a service animal. Such an agreement may violate the federal securities laws. 2020 Settlement Highlights - CCHR - New York City 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. 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 property manager for the building also attended a training on the NYC Human Rights Law. 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. 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). 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. The landlord and management, Moshe Piller, 8750 Bay Parkway, LLC, and MP Management, LLC, then constructed internal and external ramps, compliant with the American National Standards Institute code. Respondent then informed Complainant that Complainant not been chosen for the unit. RSH submitted its policy for review and signed a stipulation and order agreeing to post the Commissions Notice of Rights and Protections Based on Immigration Status and National Origin posters at Zengo and its co-located bar, La Biblioteca de Tequila. However, none of the lawsuits filed in January were publicized. Landlord Agrees To Settle Emotional Support Animal, Disability Discrimination and Retaliation Case for $55,000, Training, Creation of a Reasonable Accommodation Policy, and PostingsLandlord EK 3 LLC, imposed a conditional lease rider containing unlawful terms when it approved Complainants reasonable accommodation request for an emotional support animal, and revoked their offer to extend Complainants lease for another term. An investigation by the Law Enforcement Bureau confirmed that Respondent Crunch properly waited until making a conditional offer of employment to do background checks, but then failed to give Complainants individualized assessments of their criminal histories. 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.. Nanny Agency Pays $2,500 in Emotional Distress Damages for Violation of the Fair Chance Act, Agrees to Affirmative ReliefComplainant, an applicant, filed a complaint of discrimination against Absolute Best Care Nanny Agency, alleging that she was asked to complete an Authorization for Release of Information, which required a background check prior to a conditional offer of employment. 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. 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. Trials and Settlements | Sheridan Law Firm 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. 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. Tamosaitis agreed to a settlement of his federal retaliation lawsuit against Hanford contractor URS for $4.1 million dollars. 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. Complainant had taken the same leave for three years in a row, but in her fourth year, her new manager stated Complainant would only be approved for a portion of the time she requested. Center for Behavioral Health Services Agrees to Remove Gender Distinctions from Dress CodeAfter reviewing the dress code policy for the Center for Behavioral Health Services (CBHS) as part of a Complainant-filed employment case, the Commission sent a cease and desist letter to CBHS informing it that gender distinctions in its dress code were in violation of the NYC Human Rights Law. 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. The Commission and parties entered into a conciliation agreement requiring C-Towns owner and managers to attend training on the NYC Human Rights Law; create and implement a written policy under the NYC Human Rights Law; display the Commissions Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Employment Notice; maintain records regarding complaints of discrimination, harassment, and/or retaliation, job openings, and applications for employment; provide a written apology to Complainant; and revise its employment application. Respondents will attend NYC Human Rights Law training, create employment policies in compliance with the NYC Human Rights Law, and post the Commissions Stop Sexual Harassment in NYC Act Notice, Notice of Rights poster, and Pregnancy Discrimination in Employment Notice. 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. California woman awarded over $167 million in employer retaliation case Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. pay inequity based on race. The Commissions Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. For example, if the defendant is willing to enter into mediation, this will not require them to go to court. Unfair immigration-related practices. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. A member of RSHs management will also attend training at the Commission. The settlement came almost one year before the case was set for a jury trial in federal district court in Richland, WA. When a person feels they have been negatively affected by another persons actions, this is taken to be retroactively punished through lawsuit. After this is decided, the lawsuit itself will follow. The Family and Medical Leave Act (FMLA), 29 U.S.C. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. 3-15930 (June 16, 2014), Enforcement Actions Based on Actions Taken to Impede Reporting, In the Matter of Activision Blizzard, Inc., File No. For purposes of retaliation protection, an individual is required to have reported information about possible securities laws violations to the Commission in writing before experiencing the retaliation. 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. Personnel at Blue Ribbon Retaliation Intvn Cnter. Home. She also stated that she was fired after she reported her supervisor to management. 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. If you are represented by counsel, you are on constructive notice of the TCR filing requirement. 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. For detailed information about the program, including eligibility requirements and certain limitations that apply, please see Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Amended Rules implementing the program. The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. To understand if the anti-retaliation protections may apply to you, we encourage you to consult with an attorney. Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. 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 investigation by the Commissions Law Enforcement Bureau revealed that LabCorp quickly apologized to the Complainant following the incident and offered to accommodate him in his home. Incident(s) Terms. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 as a civil penalty and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondents 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 branch office. 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. 2020 BLACK LIVES MATTER Open Letter to Wealthy Americans: Black Lives Should Matter To You . 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. The parties conciliated, with Ginestri agreeing to pay $14,000 in civil penalties and to set aside four units for individuals with public sources of income, and Signature agreeing to pay $7,000 in civil penalties. $10,000. Following the incident, the patient filed a complaint against LabCorp for failing to accommodate his disability during his visit. Respondent agreed to pay Complainant $12,500 in emotional distress damages, to modify its employee policies to better comply with the NYC Human Rights Law, and to train its managers on the NYC Human Rights Law.