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Chipotle agreed to train its NYC general managers on NYCs Human Rights Law, and provide an addendum to its New York City based handbook for all employees, outlining their rights to request a reasonable accommodation for pregnancy and pregnancy-related conditions. 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. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. 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. Following the Law Enforcement Bureaus investigation, the Commission, Complainant, and Prada entered into a conciliation agreement requiring Prada to ensure that its New York City employees and certain Milan-based executives receive racial equity training and training on the New York City Human Rights Law; develop a scholarship program for people historically underrepresented in fashion; appoint a senior, director-level diversity and inclusion officer who will review Pradas advertising and products sold in the United States, as well as review and monitor Pradas anti-discrimination policies; maintain Pradas Diversity and Inclusion Council, launched by Prada in February of 2019, with a minimum of three to five members for a period of at least six years, with regular reporting by Prada on the councils progress to the Commission; and commit to increasing the diversity of its staff; and submit to two years of monitoring by the Commission. 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. The Academy will also post the Commissions Notice of Rights and natural hair posters along with its new policy, and a member of its management will attend training at the Commission. CFM signed a stipulation and order agreeing to revise its policies to apply equally to all genders and to allow people to use the sex-segregated facilities that accord with their gender identities. 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. 3-17396 (August 16, 2016), In the Matter of BlueLinx Holdings Inc., File No. A suit that involves such retaliation would seek damages for the mental and emotional trauma caused to the person being made fun of. Receipts that included a claim for retaliation decreased by 10.4%. Disciplinary actions or threats. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. 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. 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. Employment. 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. 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. Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency: 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. The Respondents also agreed to place two voucher holders in immediate need of housing in set aside units as part of the agreement. Incident(s) Terms. Through the parties conciliation, Respondents agreed to pay Complainant $80,000 in back pay and $20,000 in emotional distress damages; conduct anti-discrimination training, including a focus on NYC Human Rights Law protections for religious accommodations; and post the Commission's Notice of Rights poster. HFF will also post the Commissions Notice of Rights and the manager will attend training at the Commission. Respondent agreed to settle the case, pay the complainant $2,500 and $15,000 in civil penalties to the City of New York, create new policies about accommodations -- religious or otherwise -- place NYC Human Rights Law postings in relevant areas, hold a company-wide training for all employees and agreed to be monitored for a period of two years by the Commission. 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. 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. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law. In addition to protecting whistleblowers who have reported possible securities law violations from retaliation, Commission Rule 21F-17 (a) prohibits any person from taking any action to prevent you from contacting the SEC directly to report a possible securities law violation. 02/19/2021 - OSHA National News Release - US Department of Labor announces OSHA will investigate complaints of whistleblower retaliation under new antitrust, money laundering laws October 2020 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. 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. 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). If you have already reported to the company, you can still report to the Commission now. Settlements 2021/2022; Settlements 2020/2021; Settlements 2019/2020; Settlements 2018/2019; Settlements 2017/2018; Settlements 2016/2017; Settlements 2015/2016; Settlements 2013/2014; Settlements 2012/2013; Settlements 2011/2012; Settlements 2010/2011; Settlements 2009/2010; Settlements 2008/2009; Settlements 2007/2008; Settlements 2006/2007 . 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. 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. In this instance, they may turn to civil litigation, which will not require a trial. 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. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). The Dodd-Frank Wall Street Reform and Consumer Protection Act expanded the protections for whistleblowers and broadened the prohibitions against retaliation. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. Basis. After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. "Subjecting a law enforcement officer to egregious racial slurs and epithets, then retaliating against him and others who supported him for reporting . 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. 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 ). 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). 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2022 OULegal. $10,000. Employment. 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. Respondents resolved the matter pre-complaint by entering into a Stipulation and Order with the Commission, requiring Respondents to design and construct a compliant ramp at the buildings entrance to accommodate all tenants unable to use the front stairs due to a disability. 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. 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. Some of the most prevalent EPLI-related claims seen in 2020 include: Retaliation Claims on the Rise - More than half of EEOC claims filed in recent years have involved claims of employer retaliation against an employee. SPF signed a stipulation and order agreeing to revise its policies to apply equally to all genders and to allow people to use the sex-segregated facilities that accord with their gender identities. 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. Employer, 1199 SEIU Child Care Fund, Pays $31,500 in Damages and Civil Penalties To Resolve Gender-Based Harassment ClaimsComplainant, an employee of a labor union fund, filed a complaint alleging that her supervisor subjected her to a gender-based hostile work environment. The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. FY 2016 - FY 2020: As a percentage of total charge receipts, receipts that included a claim for retaliation increased. As part of the conciliation agreement Respondent agreed to pay Complainant $30,000 in emotional distress damages, submit its policies regarding the NYC Human Rights Law to the Commission for its review and approval, conduct training on the NYC Human Rights Law for supervisory and managerial employees, and display the Commissions Notice of Rights. After its investigation, the Law Enforcement Bureau credited Complainants allegation. 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 Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. LEB found that the authorization form used by Yodle in their employment applications was in violation of the New York City Human Rights Law (NYCHRL). 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. 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. Through its investigation, the Commissions Law Enforcement Bureau discovered evidence to support Complainants allegations. 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. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. 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). Key Food also agreed to create and implement anti-discrimination policies under the NYC Human Rights Law and display a service animal poster in all of its places of business. 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. 3-20904 (June 22, 2022), In the Matter of David Hansen, File No. Complainant, a transgender man, was traveling through Terminal B at LaGuardia Airport and attempted to use the mens bathroom when a janitor stopped Complainant and directed Complainant to the family bathroom. You may bring an action in federal court within a certain time period if your employer violates the anti-retaliation provisions of Dodd-Frank. Software People, Inc. Settles EEOC Retaliation Lawsuit U.S. LaGuardia Gateway Partners Pays $4,000 in Emotional Distress Damages to Settle Discrimination Case, Agrees to Affirmative Relief. 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.

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