Cosmopolitan Club Agrees to Gender-Neutral Admissions and Dress Policies After receiving credible information that The Cosmopolitan Club (the Club), a members-only, full-service club on the Upper East Side had different admissions and dress policies for men and women, the Commission sent a document demand seeking more information. Respondent initially demanded that the Complainant retain the architect herself and pay for the materials and installation. The first step to getting the right advice is knowing what type of lawsuit you should be pursuing. 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. As part of the conciliation, Respondents agreed to pay Complainant $6,000 in emotional distress damages and post the Commission's Notice of Rights poster. 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. What exactly is meant by retribution in this situation? In order to fight back against those who have perpetrated the wrong, it is essential that you have a strong defense. New York City Management, LLC and Besen & Associates Pay $40,000 in Damages for Refusing Section 8 Voucher Holder, Changes Policies and Agrees to Training A prospective tenant who received rental assistance through Section 8 filed a complaint alleging that a broker would not allow her to apply for an apartment because of her rental voucher. All Respondents agreed to attend training on the NYC Human Rights Law, and Mulberry and Alpha also agreed to update their policies and put up Commission notices to educate tenants and workers about fair housing, disability rights, and the NYC Human Rights Law. 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. Personnel at Blue Ribbon Retaliation Intvn Cnter. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Restaurant Pays Damages in Private Settlement for Sexual Orientation Workplace HarassmentComplainant, a server at a large Manhattan restaurant with a single location, alleged that he was harassed by coworkers and improperly terminated because of his sexual orientation, in violation of the New York City Human Rights Law. Pacific Street Hospitality Agrees to Policy Changes, Training, and Postings for Discriminatory Admission Policies at Ethyls Alcohol and FoodAfter receiving credible information that Ethyl's Alcohol and Food, a Manhattan bar, had different standards for admitting people based on gender and on sexual orientation, the Commission sent a cease and desist letter and ultimately came to an agreement with Pacific Street Hospitality (PSH), the hospitality group that owns the bar. 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. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. If you have been asked to sign such an agreement, or have already signed such an agreement, and want to understand how the rules may apply to you, we encourage you to consult with an attorney. The SEC has brought a number of actions based on both retaliatory conduct as well as actions taken to impede reporting. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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. It is important to note, however, that not all cases involving discrimination will result in monetary compensation. 3-17586 (September 28, 2016), In the Matter of Health Net, Inc., File No. 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. 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. Wednesday, September 30, 2020. . DB Grant Associates, Inc. The lawsuit against Trader Joe's provides a rough outline of a whistleblower retaliation claim arising from COVID-19 and what an employer should not do (assuming for the moment, the core allegations are accurate). At the time, Complainant was a homeless mother. 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. 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. The Rule states [n]o person may take 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 Family and Medical Leave Act (FMLA), 29 U.S.C. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. The Commission, the Complainant and Respondent entered into an agreement for Respondent to pay Complainant $5,000 in emotional distress and a civil penalty of $7,500. The answers to these frequently asked questions represent the views of the staff of the Office of the Whistleblower. To understand if the anti-retaliation protections may apply to you, we encourage you to consult with an attorney. There are many different types of businesses, ranging from stores to franchises to services. Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. Regardless of whether the Dodd-Frank anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. XSport Fitness Agrees to Change Policies to Allow Transgender Patrons to Use Proper FacilitiesAfter receiving credible information that XSport Fitness, which runs 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 CF Management-NY, LLC (CFM), the gyms owner. Following the investigation, the parties agreed to enter into a settlement agreement in which Respondent Services for the Underserved, Inc. agreed to pay Complainant $21,000 in emotional distress damages; $500 in backpay damages; and pay a $14,000 civil penalty. 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 . 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. Total receipts decreased by 26.3%. 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. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. However, none of the lawsuits filed in January were publicized. 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?" 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. Reasons Why You Should Choose a Motorcycle Accident Lawyer After a Collision, Parental Awareness of Common Playground Injuries. Reduction in pay or hours. 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. 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. In September 2020, the Commission adopted amendments to the rule governing the whistleblower program that included a new definition of whistleblower to conform to the Supreme Courts holding in Digital Realty. During her employment, Complainants supervisors questioned her gender, asked her invasive questions about her body, and assigned her impossible tasks. Brooklyn-based Property Management Company and Vice President Pay $94,000 in Damages and Penalties in Sexual Harassment CaseComplainant, who was employed as an office assistant by a property management firm for two and a half months, filed a complaint alleging that after she was hired, she was sexually harassed by a vice president, facing repeated unwanted romantic and sexual advances. 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 conciliation agreement requires Respondents to pay: $55,000 in emotional distress damages and $24,000 in attorneys fees to the Complainant: and $15,000 in civil penalties to the City of New York. Harassment, Forced to Quit. Required fields are marked *. 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. Employment. 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. After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. News. 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. Heres Why You Need an Attorney. 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. 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. Commission-Initiated Case Settles Against Landlord-Respondent Who Denied Voucher Holder for $7,500 and Set-Aside ApartmentsAfter testing revealed discrimination based on an applicants use of a rental assistance voucher, the Commission initiated and settled a case with 220 72nd Street Realty Corp. 2601, et seq ., is an important law that allows employees in need to . The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. 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 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.
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