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. 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 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. 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. The Law Enforcement Bureau conducted an investigation and concluded that there was probable cause to credit the complainants allegations that Alliance Building Services unlawfully inquired into his criminal history prior to a conditional offer of employment. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. Personnel at Blue Ribbon Retaliation Intvn Cnter. Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. Remsen Owners Corp. Agrees to Install a Railing to Rectify Inaccessibility IssueComplainant reported to the Commissions Law Enforcement Bureau that the exterior steps of her building, belonging to Respondent Remsen Owners Corp., prevented her from entering or exiting unless assisted by another individual. The first step to getting the right advice is knowing what type of lawsuit you should be pursuing. 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. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. Following the Law Enforcement Bureaus investigation, the Commission, Complainant, and Zara entered into a conciliation agreement requiring Zara to pay Complainant $30,000 in emotional distress damages; train its New York City employees on the New York City Human Rights Law and the Commissions Gender Identity and Gender Expression Legal Enforcement Guidance; post in its New York City places of business the Commissions Notice of Rights poster, the Commissions Equal Bathroom Access Poster, and a policy explaining that patrons can use the fitting room that most closely aligns with their gender identity; and partner with the New York City LGBT Community Center, and at least one community-based organization dedicated to serving the transgender, gender non-conforming, and non-binary communities, to create employment opportunities for these communities. Touro also agreed to modify its employee policies to comply with the NYC Human Rights Law as well as train its managers and supervisors on the NYC Human Rights Law. Home. 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. 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. In the Matter of Guggenheim Securities, LLC, SEC v. Collector's Coffee, Inc. (d/b/a Collectors Cafe), and Mykalai Kontilai, In the Matter of Homestreet, Inc. and Darrell Van Amen, In the Matter of Anheuser-Busch InBev SA/NV. Respondent agreed to pay $2,500 in emotional distress damages to Complainant, conduct training on the Fair Chance Act and the NYC Human Rights Law, make policy changes and post the Commissions Notice of Rights and the Stop Sexual Harassment poster in its workplace. 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. 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. Age, Disability. Harassment, Forced to Quit. Equal Employment Opportunity Commission (EEOC).. A retaliation claim consists of three elements: (1) a protected activity; (2) materially-adverse employment action; and (3) a nexus between them.An employee engages in "protected activity" when s/he complains of . The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. 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. 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. 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. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. Upon investigating, the Law Enforcement Bureau discovered that the Respondent's application form also requested authorization to conduct criminal background checks in violation of the Fair Chance Act. 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. 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. Reasons Why You Should Choose a Motorcycle Accident Lawyer After a Collision, Parental Awareness of Common Playground Injuries. 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. 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. 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. MMPS of New York paid the Complainant $7,822.87 in back pay, $22,177.13 in emotional distress damages, and $10,000 in civil penalties. 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). EEOC RETALIATION LAWSUIT- $165,000 Settlement November 2, 2020 Chicago District Office 230 S. Dearborn St. Suite 2920 Chicago, IL 60604 CONTACT: Elizabeth Banaszak, Trial Attorney. 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. The property manager for the building also attended a training on the NYC Human Rights Law. 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 lawsuit underscores the fact that all employers, both public and private companies, are susceptible to these types of claims. 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 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. Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. The Family and Medical Leave Act (FMLA), 29 U.S.C. The Retaliation Complaint Investigation Unit (RCI) investigates workplace retaliation complaints. $395,000 Terminated.com Lawyers obtained more than $395,000 in a lawsuit alleging retaliation for whistleblowing. 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 ). 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. Yodle and the Commission entered into a conciliation agreement requiring Yodle to pay $5,000 in civil penalties and to continue to comply with the NYCHRL in its employment applications. While many businesses attempt to operate lawfully, some do not. Uptown Dance Academy Agrees To Revise Hair Policy to Allow BraidsAfter receiving reports that Uptown Dance Academy was not allowing its students to perform with braided hair, the Commission sent a cease and desist letter and ultimately came to an agreement with the Academy. Pending Cases Currently Under Investigation at Elementary-Secondary and Post-Secondary Schools as of January 27, 2023 7:30am Search. The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. Through its investigation, the Commissions Law Enforcement Bureau discovered evidence to support Complainants allegations. Employment. The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. The employer had failed to properly apply the Article 23-A analysis pursuant to the Fair Chance Act. PSH will also post the Commissions Notice of Rights and a member of its management will attend training at the Commission. Additionally, a representative from Respondents board of directors will attend a training on the NYC Human Rights Law. 3-20820 (April 12, 2022), In the Matter of Guggenheim Securities, LLC, File No. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology. 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.