After its investigation, the Law Enforcement Bureau credited Complainants allegation. 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. 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. 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.. 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. The Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. 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. Total receipts decreased by 26.3%. 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. 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. After the Law Enforcement Bureau issued probable cause and referred the case to the Office of Administrative Trials and Hearings, Respondents agreed to pay Complainant $15,000 in damages, pay a $20,000 civil penalty to the general fund of the City of New York, update its anti-discrimination policies, conduct trainings on the New York City Human Rights Law, and post the Commissions Fair Housing poster on its premises. The Respondents agreed to pay $25,000 in civil penalties, attend an anti-discrimination training, create a reasonable accommodation policy for the New York City-based buildings in its portfolio, submit to monitoring for one year, and post the Commissions anti-discrimination notices throughout the buildings in its portfolio. 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. 3-17801 (January 19, 2017), In the Matter of Blackrock, Inc., 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. 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. 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. As has been the case in past months, most of the settlements involved charges of disability discrimination (6) and sexual harassment, or sexual harassment and retaliation (5). 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. After the Commissions Law Enforcement Bureau found probable cause, Respondents agreed to pay Complainant $14,500 in emotional distress damages, $24,500 in civil penalties, attend a NYC Human Rights Law training, create an anti-discrimination policy, post the Commissions Fair Housing poster, and construct a ramp at the apartment buildings main entrance. The Commissions Law Enforcement Bureau conducted an investigation and issued a finding of probable cause. You do not need to reside or work in the United States to be eligible for an award under our whistleblower award program. 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. 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. 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. 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. 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. If you have already reported to the company, you can still report to the Commission now. 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. Complainant, who saw the help wanted sign again a few months later, alleged that Respondent C Town denied him employment because of his age, race, and color. The Respondent agreed to attend training on theNYC Human Rights Law and pay the Complainant $2,500 in emotional distress damages. Memorial Sloan Kettering Cancer Center Pays $100,000 Damages and Penalties For Failing to Engage In a Cooperative Dialogue When a Reasonable Accommodation was RequestedAfter recovering from a stroke, Complainant was permitted to return to work part-time for six months as a reasonable accommodation, after which she would be required to return to work full- time. You may also send us a copy of your agreement, if you so choose, by submitting it as a tip either through our online portal or by mail or fax. 3-20820 (April 12, 2022), In the Matter of Guggenheim Securities, LLC, File No. States are considering legislation ranging from additional . To resolve the case, Respondent agree to pay Complainant $11,000 in emotional distress damages; train its New York City employees on protections against gender discrimination under the New York City Human Rights Law; update its anti-discrimination policies; and post the Commissions Notice of Rights poster in all New York City places of business. The Respondents worked with the Law Enforcement Bureau to settle the case in which Respondents paid Complainant $5,000 in emotional distress damages; agreed to edit and update their policies; agreed to take a training on the source of income provisions of the NYC Human Rights Law; agreed to send information to all their agents about their updated policies and compliance with the law; and agreed to ongoing monitoring by the Commission. 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. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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. An Iowa jury recently awarded $80.2 million in punitive damages and $527,872 in compensatory damages to a manager who claimed she was discriminated against because of her sex and retaliated against when she complained of the discrimination. 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. 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. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. Gucci Settles Commission-initiated Case Alleging Race Discrimination and Agrees To Multiple Restorative Justice MeasuresThe Commissions Law Enforcement Bureau issued a cease and desist letter and launched a race discrimination investigation into Guccis sale of a sweater that evoked discriminatory imagery and filed a complaint in December 2020. 1. The Law Enforcement Bureaus investigation confirmed that Respondent failed to conduct a complete analysis of the Article 23-A factors under the New York State Corrections Law. This means that if you are a whistleblower who has reported a possible securities law violation to the Commission in writing and believe you have been retaliated against because of your report, you may be able to sue your employer in federal court and seek double back pay (with interest), reinstatement, reasonable attorneys fees, and reimbursement for certain costs in connection with the litigation. Respondent LGP further agreed to provide the Commissions Law Enforcement Bureau with its draft employee handbook for review and provide the Commission with confirmation that it had completed annual sexual harassment prevention training that complies with the NYC Human Rights Law. 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. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. 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. 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. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. RCI also investigates: pay inequity based on sex. The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees. 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. Incident(s) Terms. 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. 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. 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. Complainant, Respondent, and the Law Enforcement Bureau entered into a conciliation agreement requiring the payment of $17,750 in damages to complainant, including attorneys' fees, a $17,250 civil penalty, and affirmative relief including conducting training for all personnel involved in hiring and posting of the Commission's materials on the use of criminal conviction history and credit reporting in hiring. 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. Ultimately, Complainant alleged that he attempted to report hostile work environment, but that no steps were taken by the owners to address the unlawful conduct. Unfair immigration-related practices. 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. Save my name, email, and website in this browser for the next time I comment. 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. 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. A suit that involves such retaliation would seek damages for the mental and emotional trauma caused to the person being made fun of. The Commissions Law Enforcement Bureau issued a probable cause determination, and Respondents agreed to pay $55,000 in emotional distress damages to Complainant. As part of a conciliation agreement, Gucci agreed to: provide NYC Human Rights Law training and diversity and equity training for employees located in New York City; continue consulting with community leaders and social change experts committed to the advancement of diversity, racial equity, and inclusivity, including experts knowledgeable about these issues as they relate to the fashion industry; continue working towards improving diversity at all levels of the organization; continue to work to increase cultural sensitivity, awareness, and education across the organization, including in design and marketing; and update the Commission on the progress of its diversity, equity, and inclusion initiatives. OMG also agreed to extensive affirmative relief, including revising its anti-discrimination policies; conducting anti-discrimination training; creating an internal means for employees to report harassment, discrimination, and retaliation; and submitting to Commission monitoring of complaints of gender-based harassment, discrimination, and retaliation for five years. Agreement reached over alleged violations of California's false claims, false advertising and unfair business practices laws. Age, Disability. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. InDinero, Inc. Agrees to Pay $65,000 in Damages, Penalties, and Attorneys Fees After Job Applicant was Denied a Position Because of His Criminal HistoryA prospective employee filed a complaint against InDinero, Inc., an accounting software and services company, alleging that Respondent had offered him a job, then suddenly withdrew the offer based on his criminal history. 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. 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 Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. 3-15930 (June 16, 2014), Enforcement Actions Based on Actions Taken to Impede Reporting, In the Matter of Activision Blizzard, Inc., File No. The property manager for the building also attended a training on 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.
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