Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. She also stated that she was fired after she reported her supervisor to management. Exit Realty Central, Landlords, and Broker Agree To Pay $10,000, Attend Training, Create Policies, and Post Notices to Settle Presence of Children CaseRespondent Exit Realty Central (Exit Central), an individual broker, and three individual landlords have agreed to settle a case filed by an applicant, a single mother, who they refused a showing at the landlords unit after the individual broker said she had too many kids. An investigation by the Commissions Law Enforcement Bureau confirmed that the individual broker sent the text message while working for Exit Central. 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. 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. The Club will also post the Commissions Notice of Rights and a member of its management will attend training on the New York City Human Rights Law at the Commission. 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. 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. 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. 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. All Rights Reserved. LabCorp Settles Disability Case, Pays $1,000 and Changes Policies and Procedures to Accommodate Blind and Low Vision PatronsA low vision patient requested assistance from a LabCorp employee to use a self-check-in electronic device at a LabCorp Patient Service Center. You may bring an action in federal court within a certain time period if your employer violates the anti-retaliation provisions of Dodd-Frank. 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). Newsbar Caf Settles Disability, Service Animal Case for $5,000, 40 Hours of Community Service A patron filed a complaint against EK of New York, Inc., d/b/a Newsbar Caf, alleging that she was denied services because of her service animal. 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. 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. 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. Software People, Inc. Settles EEOC Retaliation Lawsuit U.S. 639 Realty LLC and Affordable Housing Real Estate Corp. Settle Source of Income Discrimination Case for $5,000 in Emotional Distress Damages and Policy UpdatesA complainant alleging discrimination based on his attempt to use his HASA voucher filed a complaint against 639 Realty LLC and Affordable Housing Real Estate Corp. As part of the conciliation agreement, Respondents paid Complainant $5,000 in emotional distress damages; agreed to edit and update their policies; agreed to take training on the source of income provisions of the NYC Human Rights Law; and agreed to send information to all their agents about their updated policies and compliance with the NYC Human Rights Law, along with ongoing monitoring by the Commission. There are many different types of businesses, ranging from stores to franchises to services. 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. Agreement reached over alleged violations of California's false claims, false advertising and unfair business practices laws. Respondent Agrees To Settle Discriminatory Harassment Claim Brought by Neighbor for $1,000 in Civil Penalties, Training and Withdrawal of a State Court ActionIn a discriminatory harassment case involving two neighbors, Complainant alleged that Respondent continued to harass Complainant and his minor son due to the sons disability. 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. The Justice Department also announced the settlement of related retaliation claims filed against Pocomoke City, Maryland that were resolved on Dec. 4, 2019. 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. 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. 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 ). 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. 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. 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?" After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. 2601, et seq ., is an important law that allows employees in need to . Once the resolution announced today involving Draycott's claims is entered by the court, all Title VII claims brought by the United States in its lawsuit will be resolved. Additionally, Respondent LGP agreed to adopt a Patron Non-Discrimination Policy which specifically addresses the right of individuals to use single-sex facilities which most closely correspond to their gender identity and to distribute the Patron Non-Discrimination Policy and training materials to those who do regular business in the terminal. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. Respondent agreed to pay $10,000 in emotional damages to Complainant, conduct anti-discrimination training on the NYC Human Rights Law and display the Commissions Notice of Rights and Stop Sexual Harassment Act posters at all 212 stores in New York City. 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). Complainant then informed MSKCC that, due to her ongoing recovery, she would need to continue working part-time and was willing to work in other departments that had part-time positions available. With the help of an experienced legal team, you can rest assured that you have the best chance of getting compensation for the damage caused. The online application contained language authorizing Yodle to contact law enforcement and credit agencies. After issuing a probable cause finding, the parties entered into a conciliation agreement in which Respondent agreed to pay Complainant $15,000 in emotional distress damages; waive over $14,000 in rent arrears and other fees; train employees with job duties related to reviewing or evaluating rental applications on the NYC Human Rights Law and source of income discrimination; revise their tenant screening policies, and display the Commissions Fair Housing, Its the Law poster at any and all of the buildings in their portfolio. 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. Blog. To understand if the anti-retaliation protections may apply to you, we encourage you to consult with an attorney. Sex Discrimination. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. 27 Sports Bar and Caf Settles Pregnancy Discrimination Case for $6,000 in Emotional Distress DamagesComplainant was turned away at the door when she attempted to enter 27 Sports Bar and Caf because she was visibly pregnant. 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 resulting plans were adopted nationally across the YMCA of the USA (YUSA), allowing eligible employees and their dependents nationwide to access the plans. During her employment, Complainants supervisors questioned her gender, asked her invasive questions about her body, and assigned her impossible tasks. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. Touro refused to grant the accommodation and terminated Complainant. In order to fight back against those who have perpetrated the wrong, it is essential that you have a strong defense. However, sometimes these lawsuits arise when employees, customers or potential customers are offended by another persons comment, gesture or action. 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. CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees. 3-17786 (January 17, 2017), In the Matter of NeuStar, Inc., File No. 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 Respondents were cooperative with the Commissions process and were required to pay $7,500 in civil penalties, make changes to ensure their policies were compliant with the source of income provisions of the NYC Human Rights Law, attend training on the NYC Human Rights Law, send notices about the source of income protections under the NYC Human Rights Law to Respondents brokers and agents, and post notices of rights in their building. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 OULegal. 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. Regardless of whether the Dodd-Frank anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. Regardless of whether the anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. 3-17736 (December 19, 2016), In the Matter of Anheuser-Busch InBev SA/NV, File No. 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. 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. During the Law Enforcement Bureau's investigation, the landlord replaced the tub, and the property manager attended an anti-discrimination training. The parties agreed to a settlement in which Bloomsbury paid $5,000 as a civil penalty to the City; revised its policies to prohibit discrimination based on salary history, credit, and criminal history; and revised its job application template to comply with the revised policies. What Possible Damages Could Be Awarded to You After a Motorcycle Accident? 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. 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. The lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. 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. The Respondents also participated in the Commissions set aside program, wherein they helped secure an apartment for another housing-unstable voucher holder as part of the settlement agreement. Respondents also agreed to one year of monitoring by the Commission. Respondents agreed to pay $15,000 in civil penalties, to include the Commissions Notice of Rights in all new leases, to post the Commissions Notice of Rights in their building, and to attend training on their obligations under the NYC Human Rights Law. Securitas Security Services Settles Disability Discrimination Case by Paying $15,000 in Backpay, Damages, and Penalties; Agrees to Training, Policy Revisions, and PostingsComplainant filed a disability discrimination complaint against Securitas Security Services alleging a failure to accommodate her disability, constructively terminating her employment, and retaliating against her based on her disability. Age, Disability. 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. In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., Activision Blizzard to Pay $35 Million for Failing to Maintain Disclosure Controls Related to Complaints of Workplace Misconduct and Violating Whistleblower Protection Rule, SEC Charges the Brink's Company with Violating Whistleblower Protection Rule, SEC Charges Co-Founder of Technology Company for Violating Whistleblower Protection Rule, SEC Charges Broker-Dealer for Violating Whistleblower Protection Rule, SEC Charges Investment Adviser and Others With Defrauding Over 17,000 Retail Investors, SEC Charges Issuer and CEO with Violating Whistleblower Protection Laws to Silence Investor Complaints, Connecticut Broker and Investment Adviser Convicted On 21 Counts of Fraud and Money Laundering, Financial Company Charged with Improper Accounting and Impeding Whistleblowers, Company Settles Charges in Whistleblower Retaliation Case, Company Violated Rule Aimed at Protecting Potential Whistleblowers, Risk Alert: Examining Whistleblower Rule Compliance, SEC: Casino-Gaming Company Retaliated Against Whistleblower, SEC Charges Anheuser-Busch InBev With Violating FCPA and Whistleblower Protection Laws, Company Punished for Severance Agreements That Removed Financial Incentives for Whistleblowing, Company Paying Penalty for Violating Key Whistleblower Protection Rule, Merrill Lynch to Pay $415 Million for Misusing Customer Cash and Putting Customer Securities at Risk, SEC Announces Award to Whistleblower in First Retaliation Case, SEC: Companies Cannot Stifle Whistleblowers in Confidentiality Agreements, SEC Charges Hedge Fund Adviser With Conducting Conflicted Transactions and Retaliating Against Whistleblower, Statement on Court Filing by SEC to Protect Whistleblowers From Retaliation, Providing information to the SEC under the whistleblower program, or, Initiating, testifying in, or assisting the SEC in any investigation or proceeding. 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. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. Required fields are marked *. 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. The Commissions Law Enforcement Bureau issued a probable cause determination, and Respondents agreed to pay $55,000 in emotional distress damages to Complainant. This is why it is important to consult with a lawyer before signing any type of contract with anyone. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. To resolve the case, NYIT agreed to pay $23,333.33 in emotional distress damages, $11,666.66 in attorney's fees, a $15,000 civil penalty, and to revise its policies to conform with the NYC Human Rights Law, provide anti-discrimination trainings to employees, and to post the Commissions Notice of Rights Poster in every New York City location. 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. 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. Save my name, email, and website in this browser for the next time I comment. Divorce Lawyer: Understanding Their Role in Your Divorce Case, Charged with a Felony? Terminated.com Lawyers obtained a $400,000 settlement in a disability discrimination case without ever having to file a lawsuit. Only the SEC, however, may file an enforcement action for a violation of Rule 21F-17(a). Mrs. Bee Corp. (Formerly Webster Hall Entertainment Corporation) Agrees To Pay Emotional Distress Damages and Issue a Written Apology in Gender-Based Harassment CaseComplainant, who identifies as gender non-binary, alleged that Respondents former employee subjected them to gender-based harassment and discrimination while they were attending an event at Respondents former entertainment venue. 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. InDinero, Inc. agreed to pay $11,666.67 in back pay, $18,333.33 in attorneys fees, $25,000 in emotional distress damages, and $10,000 in civil penalties, and to revise their hiring policies and practices. Employment. It is important to note, however, that not all cases involving discrimination will result in monetary compensation.