Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Information from third parties (such as, from your employer or LinkedIn), Your interactions with our Website and Services, [Ongoing] Read Latest COVID-19 Guidance, All Aspects, [Hot Topic] Environmental, Social & Governance. Massachusetts Jury Returns Unprecedented $28 Million Verdict for For example, it is unlawful to retaliate against applicants or employees for: Participating in a complaint process is protected from retaliation under all circumstances. 77-16/20 Equities Corp. and First Management Corp. Settles Emotional Support Animal Claim for $16,500 Damages and Penalties, Training, Revision of its Housing and Employee Policies, Postings, and Monitoring for Two YearsComplainant submitted a written request for an emotional support animal. Respondent Blades on 34th Street Restaurant and Bar believed Complainant was intoxicated due to her manner of speech and adamantly refused to serve her alcohol despite her health aide offering to show evidence of the disability. After an investigation, respondent Hampshire properties agreed to construct a permanent ramp, repair access to another entrance to the building, attend a training on the NYC Human Rights Law, adopt a robust reasonable accommodation policy for all New York City-based buildings in its portfolio, inform all employees on the new policy, and post workplace notices Fair Housing, Its the Law and the Commissions Notice of Rights in all buildings. Small Landlord Settles Source of Income Discrimination Complaint for $30,000 in Damages, Training and Posting of RightsComplainant, a New York State Department of Health voucher recipient, alleged that Respondentthe owner of a six-unit residential building in Queensdenied him and his partner an apartment because of his lawful source of income. Other acts to oppose discrimination are protected as long as the employee was acting on a reasonable belief that something in the workplace may violate EEO laws, even if he or she did not use legal terminology to describe it. Catholic Charities Neighborhood Services, Inc. Agrees In A Stipulation and Order To Revise Its Reasonable Accommodation Policies and Train Its EmployeesAfter Complainant settled privately with Catholic Charities Neighborhood Services, Inc., also known as Catholic Charities of Brooklyn and Queens, the Commission opened an employment investigation to address reasonable accommodation policies of the employer that did not comply with the NYC Human Rights Law. We may also notify you of changes to our privacy policy by email. Respondent agreed to pay Complainant $27,000 in back pay and $20,000 in emotional distress damages and to propose policy changes on leave and time away to the Panel for Education Policy (PEP), to better conform to the requirements of the NYC Human Rights Law. 15 or more employees under Title VII and ADA, 180 days to file a charge(may be extended by state laws), Federal employees have 45 days to contact an EEO Counselor, 131 M Street, NE No one dispatched to the automobile accident scene communicated with Complainant because she did not speak English, and assumed that she did not wish to be treated on scene or transferred for treatment. Paul (EEOC v. Stan Koch & Sons Trucking, Inc., Civil Action No. The Commissions Law Enforcement Bureaus investigation uncovered the Complainants consistent and detailed testimony regarding his conversations with his supervisor about his disabilities; correspondence in which Complainant told his supervisor that the daily patrolling duties she assigned him were not possible for someone with his physical impairments; and testimony from multiple witnesses confirming that Complainants mobility limitations were widely known and visible based on his movements and use of a cane. Jericho Project Settles Age Discrimination Claim for $35,000, Agrees to Training, Policy Changes and Legal PostingsA fifty-five-year-old case manager employed by Jericho Project, a non-profit, filed age-based hostile work environment and retaliatory termination claims against her employer. After an investigation by the Commissions Law Enforcement Bureau, Respondents agreed to pay Complainant full back pay of $7,500, $2,500 in emotional distress damages, and $5,000 in civil penalties. A long-time rent-stabilized tenant could no longer access her apartment after she began using a wheelchair, and could not be released from a rehabilitation center to an inaccessible apartment. U.S. Disney is suing Florida Gov. Starbucks ended up shuttering the store permanently two months later, leading workers and federal labor enforcers to accuse the company of retaliation. Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. This may include content you provide for publication. information only on official, secure websites. The Complainant withdrew from the school, citing the harassment he received from classmates after they learned his gender identity. After the Commissions Law Enforcement Bureau investigated, found probable cause, and referred the matter to the Office of Administration Trials and Hearings, Respondents agreed to settle the matter, paying the Complainant $25,000 for emotional distress and a $10,000 civil penalty. An official website of the United States government. Respondents, who operate 29 stores with a total of 845 employees, had a job application form that asked whether, in the last seven years, an applicant had ever been convicted, pled guilty, or pled no contest to a felony or misdemeanor other than a traffic violation and if so, to please explain, in violation of the NYC [ or Citys] Fair Chance Act. After an investigation, the Commissions Law Enforcement Bureau issued a finding of probable cause. Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. In addition, Respondent agreed to display the Commissions Notice of Rights postings in the workplace, submit revised policies to the Commission for review, and arrange an anti-discrimination training for its owners and managers. In other words, these activities are protected under the law. JD Supra's principal place of business is in the United States. EEOC legal staff resolved 165 merits lawsuits and filed 93 lawsuits alleging discrimination in FY 2020. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com. Settlements and Awards | Deutsch Atkins, P.C. Although Complainant attempted to submit a reasonable accommodation request, his supervisor returned the form to him unsigned. Pefko Realty Inc, and Talent Real Estate Inc., Settle Source of Income Discrimination Case for $20,000 and Affirmative Relief, Including the Set Aside of Five Apartments For Voucher HoldersTesting by Commission partner The Fair Housing Justice Center resulted in the Commission filing a Commission-initiated complaint against landlord Pefko Realty LLC, and brokerage Talent Real Estate Inc. alleging source of income discrimination for falsely informing a tester with a voucher that an apartment was unavailable but informing testers with employment income that that unit was still available. Landlord and Management Company 323 West 4th Street Associates, LLC, Urban Associates, LLC and The Brodsky Organization, LLC Agree to Commission-Initiated Pre-Complaint Resolution by Creating a Reasonable Accommodations Policy and Attending Anti-Discrimination TrainingA landlord and management company in a Commission-initiated matter agreed to a pre-complaint resolution of a Commission-initiated investigation into their anti-discrimination policies. Advantage Management Property and NME Housing Development Fund Settle Disability Complaint for $3,000, Rent Credit, Reasonable Accommodation and Affirmative Relief Complaint alleged that her disability was not reasonably accommodated by Respondents Advantage Management and NME Housing Development Fund, the management company and landlord for her building. COVID-19 and its economic fallout is disproportionately impacting people of color, women, older workers, individuals with disabilities, and other vulnerable workers, and that impact has serious implications in the workplace., Burrows added, EEOC's role is more critical now than ever when so many workers are overwhelmed with basic survival. The comprehensive enforcement and litigation statistics for FY 2020, which ended on Sept. 30, 2020, are posted on the agencys website, which also includes detailed breakdowns of charges by state. Secure .gov websites use HTTPS Landlord, Second & E. 82 Realty LLC, Agrees to Affirmative Relief to Settle Commission-Investigation into Allegations of Disability DiscriminationA former tenant of Second & E. 82 Realty LLC filed a complaint against her landlord after her landlord allegedly failed to respond to her attorneys repeated attempts to continue a cooperative dialogue regarding the tenants needs for a reasonable accommodation. 1-800-669-6820 (TTY) Retaliation Cases - Levy Vinick But with North Korean missiles now a direct threat to the United States, an old Cold-War dilemma has resurfaced: would the United States risk nuclear retaliation against itself to defend an ally? For example, we place a session cookie on your computer each time you visit our Website. After a finding of probable cause by the Commissions Law Enforcement Bureau, Apex Technical School agreed to pay $15,000 in emotional distress damages to Complainant and $10,000 in civil penalties. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com. 20A district court judge has dismissed a portion of a lawsuit made by a former Piedmont University professor accusing the former president and the board of trustees of conspiring to retaliate. JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. Through a Stipulation and Order, Respondent CityMD agreed to revise its policies to clearly outline the rights of customers with service animals; to create and post notices regarding service animals at all CityMD sites in New York City; and to train all CityMD employees who work in New York City on the NYC Human Rights Law and its specific protections relating to service animals. Stay connected with the latest EEOC news by subscribing to our email updates . The broker respondent paid $6,000 in civil penalties and agreed to policy changes. As part of the resolution, Respondents signed a Stipulation and Order agreeing to create a reasonable accommodations policy for all current and prospective tenants under the NYC Human Rights Law and agreed to have employees in their management and leasing departments attend the Commissions training on reasonable accommodations in housing. The Commission found that Respondent NYC Department of Education (DOE) failed to properly engage in the cooperative dialogue process and retaliated against Complainant. You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at: Some browsers have incorporated a Do Not Track (DNT) feature. Respondents also revised their gender identity non-discrimination policy and agreed to post it on its website and in the admissions area that the complainant had visited. "Retaliation" (also known as "reprisal") is a form of revenge/counterattack for perceived "wrongs". The Commission initiated an investigation and determined that the Respondents building was not accessible to tenants or visitors who used wheelchairs or mobility devices. The agency responded to over 470,000 calls to its toll-free number and more than 187,000 inquiries in field offices, including 122,775 inquiries through the online intake and appointment scheduling system, reflecting the significant public demand for EEOCs services. Circle K Pays $8 Million to Settle Sex / Pregnancy, Disability and Retaliation Claims December 03, . The employee filed a whistleblower case with OSHA. While retaliation claims carry a higher risk of both liability and punitive damages, neither the facts nor these factors appear to explain the $25 million punitive damages award to Toussaint. Explainer-South Korea's Nuclear Dilemma: Would U.S. Trade Seattle for OSHA ordered Amtrak to take the following actions: reinstate the employee; and pay him $892,551 for back pay, punitive . Owners and Managers of Kingston Properties Pay $240,000 in Sex Harassment Settlement. Complainant submitted the documents but was never called to return to work. Landlord Astoria 30 Co. and Broker Pay $61,000 in Civil Penalties for Source of Income DiscriminationIn a Commission-initiated case against landlord Astoria 30 Co., and a broker listing the landlords units, Respondents were alleged to have discriminated against testers posing as prospective tenants with housing vouchers. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. CUNY Settles on Behalf of Individual Respondent Who Agreed to 20 Hours of Community Service and Race-Based Anti-Discrimination TrainingComplainant, a Black woman, alleged that Respondents subjected her to different terms, privileges, and conditions of employment and a hostile work environment based on her race, and that a colleague made a racist comment to her. In addition, Respondents also agreed to attend training, review their internal policies, and post NYC Human Rights Law Notice of Rights in their building. The parties conciliated and Respondents ICON Realty LLC agreed to pay $4,000 in civil penalties, attend trainings on their obligations under the NYC Human Rights Law, post the Commission's Notice of Rights and Fair Housing posters in their office, and attach the Commission's "source of income discrimination FAQ's for tenants" to their application materials. Settlements and judgments under the False Claims Act exceeded $2.2 billion in the fiscal year ending Sept. 30, 2022, Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's Civil Division, announced today. The parties entered into a conciliation agreement, under which the Complainant will be offered the opportunity to relocate to another apartment in one of Respondents buildings as soon as one becomes available that meets her housing and disability accommodation needs. Mamajuana Caf Settles Public Accommodations Pregnancy Discrimination Case For $5,000, Training, Policy Changes and PostingsComplainant, who was visibly pregnant, was denied entry to Mamajuana Caf in the Bronx. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. New York-Presbyterian Hospital Pays $30,000 to Settle Gender Identity Discrimination Case, and Agrees to Trainings, Postings, and Affirmative ReliefComplainant, a transgender person, filed a complaint against New York-Presbyterian Hospital after being misgendered when registering to receive emergency room care at Weill Cornell Medical Center. Respondents also agreed to attend an anti-discrimination training, display NYC Human Rights Law postings, and edit its policy to comply with the NYC Human Rights Law. The Department of Education pays $20,000 in Emotional Distress Damages, Agrees to Training, Education and Postings for Workplace Disability Discrimination ClaimComplainant, who has a disability, filed a complaint against his former employer, the New York City Department of Education (DOE), based on disability discrimination and failure to accommodate. Respondents ICON Realty LLC also agreed to testify at trial about the discriminatory policies of the landlord of the apartment building at issue, who was also named but did not conciliate. Complainant 1 has a disability and relies on a mobility assistance device and Complainant 2 assists Complainant 1 with daily living. Douglas Elliman Settles Source of Income Discrimination Case for $20,000, Trainings and PostingsBased on testing, the Commissions Law Enforcement Bureau filed a complaint against Douglas Elliman, alleging that a real estate agent associated with Douglas Ellimans Smith Street office discriminated against a tester posing as a housing voucher holder. ICON Realty LLC and its Agent Settle Commission-Initiated Source of Income Discrimination Case for $4,000 in Civil Penalties, Trainings, and PostingsBased on paired testing by the Fair Housing Justice Center, the Commission filed a Commission-initiated complaint against real estate brokers ICON Realty LLC, alleging source of income discrimination. Any such information collection would be subject to such third party social media network's privacy policy. The FY 2020 data show that retaliation remained the most frequently cited claim in charges filed with the agencyaccounting for a staggering 55.8 percent of all charges filedfollowed by disability, race and sex. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. Analytics/Performance Cookies. Unlawful retaliation at the place of work happens when employers take adverse action against employees, job applicants, or a former employee for engaging in "protected activity". The parties conciliated, with Respondent DiGiulio Group New York LLC agreeing to pay Complainant $2,000 in emotional distress damages and to attend trainings on the NYC Human Rights Law. Specifically, Complainants non-Black coworkers frequently used the N-word in the office in the Complainants presence. Verdicts and Settlements Texas Employment Law Information and Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. YMCA of Greater New York Agrees to Settle Gender Identity Discrimination Complaint For $10,000 and Affirmative ReliefComplainant is a non-binary, transgender person who, at the Park Slope branch, was twice denied access to the YMCA gendered changing room that most closely corresponded with their gender identity. A new Smithsonian boss settled multiple employee retaliation lawsuits Blue Note Jazz Club Pays $10,000 for Sexual Harassment Claims, Train, Post Notices and Amend Employment PoliciesComplainant, and employee at the Blue Note Jazz Club alleged that two of his supervisors had sexually harassed him. Respondents also agreed to provide anti-discrimination training; update their policies to comply with the NYC Human Rights Law; train all customer-facing employees and security guards in conflict-resolution and de-escalation; and provide implicit bias training to managers and supervisors. but in early 2021 I was asked if I wanted to write an update to my initial review talking about my experience as a client, so I said "yeah I want to . Respondent Zam Realty also agreed to construct a ramp in Complainants current building if renovations occur, amounting to $10,000 per project. In a settlement agreement, the Respondents agreed to pay $10,000 in emotional distress damages to the Complainants and $10,000 in civil penalties, and agreed to broad affirmative relief, which includes ensuring their application criteria complies with the NYC Human Rights Law. Respondent signed a stipulation and order agreeing to institute an anti-discrimination policy for members of the public that includes protections based on gender identity; to update its employment policy to include all of the protected classes of the NYC Human Rights Law; to send one of its managers from the Bronx location to the Commissions Human Rights Law training; and to post and distribute the Commission's Notice of Rights and Transgender Rights poster at all of its locations within New York City. Arrochar Club d/b/a Staten Island Friendship Club Inc. Agrees to Affirmative Relief for Sexual Orientation DiscriminationComplainant, a gay man, filed a complaint against Staten Island Friendship Club Inc. alleging that some of the clubs patrons made derogatory statements about complainants sexual orientation and that the club failed to promptly intervene. On January 21, 2021, the law was amended to include the Elijah Cummings Federal Employee Antidiscrimination Act of 2020. The security guard was alleged to have pointed at Complainants stomach and informed her she could not enter the caf. For example, it is unlawful to retaliate against applicants or employees for: filing or being a witness in an EEO charge, complaint, investigation, or lawsuit. False Claims Act Settlements and Judgments Exceed $2 Billion in Fiscal Some of this data is collected through information sent by your web browser. Equal Employment Opportunity Commission, PO Box 132 Dickinson, ND 58601, EEOC RETALIATION LAWSUIT- $165,000 Settlement, Southwest Area Human Resource Association. The Shubert Organization Agrees to Settle Theatergoers Race Discrimination Complaint for $10,000 and Affirmative Relief, Including Implicit Bias and De-Escalation TrainingThe Shubert Organization agreed to settle a case filed by a Black theatergoer alleging that security profiled him for ticket checks because of his race and called the police after Complainant objected and the parties engaged in a verbal altercation. FIT also agreed to institute a Social Justice Program by partnering with fashion-related organizations in New York City to create and increase opportunities for employment in the fashion industry for students from groups that are underrepresented within the industry, including students of color. When Respondent failed to respond to a letter, the Commission filed a complaint and Respondents agreed to training as well as placing Notice of Rights posters in Chinese, Spanish and English in a conspicuous location in the store. Respondents also agreed to attend an anti-discrimination training, to revise their lawful source of income policies, and to display a fair housing poster in their office. Published Jan. 7, 2021 Updated Feb. 26, 2021. After an investigation, the Commissions Law Enforcement Bureau found probable cause to support Complainants allegations. Shortly thereafter, however, coworkers discovered that, in 1995 and at age 17, Complainant had two convictions. The customer informed Respondents of their right to a service animal, but the office refused service and called the police. Respondent also agreed to send the human resources director to an anti-discrimination training, to revise its reasonable accommodation policies, and to submit to monitoring of its daily cleaning practices for its lactation accommodation space. The request was accompanied by a note from a health professional. Respondents also agreed to revise [workplace] policies to conform with the NYCHRL, and engage in employment-related outreach for a year with three reentry organizations serving people with criminal records. 1-844-234-5122 (ASL Video Phone) Landlords and Their Real Estate Agent Agree to Settle Case Involving Discrimination on the Basis of Gender and Pregnancy, Perceived Immigration Status, and Presence of Children for Monetary Damages, Training, and PostingsComplainants, a husband and wife, filed a complaint against their small Queens landlords and their agent, an unlicensed broker who provided some language interpretation assistance for the landlords, for threatening to call U.S. Immigration and Customs Enforcement (ICE) if Complainants did not vacate their basement apartment and for making unlawful statements about their children living with them. $1.23 million verdict in whistleblower / wrongful termination case, Nov. 15, 2017. Exit Realty Private Client and Broker Pay $17,000 and Agree to Affirmative Relief in Source of Income Discrimination CaseA complainant attempting to use a rental voucher administered by NYC Human Resources Administration alleged source of income discrimination against Respondent Exit Realty Private Client and a former broker of Respondent. 2021-settlements - New York City Marshalls of MA, Inc. Agrees To Settle Disability Discrimination Case For $15,000, Training and PostingsMarshalls agreed to settle a case filed by an employee of a Marshalls store who claimed that he was given fewer hours, refused accommodations, and mocked for his disabilities. Disney sues Gov. Ron DeSantis, alleging political retaliation After an investigation, Complainant was paid $15,000 in emotional distress damages. RUMC agreed to provide its existing language access training to RUMCs emergency medical technicians (EMTs) and paramedics, post the Commissions Notice of Rights in all New York City locations, and pay $10,000 in emotional distress damages to Complainant. It's also easy to delete cookies that are already saved on your device by a browser. More specifically, we may use your personal information to: JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. Share sensitive The U.S. The U.S. Securities and Exchange Commission Office of the Whistleblower has now issued in excess of $1 billion in whistleblower bounties.. Case Results | Barrera & Associates, Attorneys | El Segundo, California After an investigation by the Commissions Law Enforcement Bureau, Respondents agreed to attend training on the NYC Human Rights Law, create a housing non-discrimination policy, update their employment policies to reflect the NYC Human Rights Law, put up the Commissions postings throughout their buildings in the City, pay $5,000 in civil penalties, and to Commission monitoring for two (2) years. Build a Morning News Digest: Easy, Custom Content, Free! Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues. Zara Realty and Shell Company Settle Alienage and National Origin Allegations for $5,000 in Civil Penalties, Two Years of Monitoring, Policy Changes, Postings, and TrainingThe Commission joined two Complainants in filing a complaint against Zara Realty after a superintendent in Complainants building allegedly used discriminatory language to describe them and threatened to report them to federal immigration officials. If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly. Respondents also agreed to post the Commissions Fair Housing posters throughout all their properties and to attach the poster to their applications and lease renewals to alert their tenants to their rights under the NYC Human Rights Law. Complainant almost lost her voucher as a result of Respondents denials. In settlement of the case, each Complainant was awarded $10,000 in emotional distress damages and $5,000 in civil penalties. The parties agreed to enter into a conciliation agreement in which HeartShare agreed to pay the complainant $10,000 in emotional distress damages and a $10,000 civil penalty to the City of New York.