Many times, individuals who file such lawsuits simply do not have the financial means to pursue such cases. 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. 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. NYC Landlord Pinnacle Management Settles a Source of Income Discrimination Case for $50,000 in Damages and Extensive Affirmative Relief, Including the Set Aside of Apartments for Voucher Holders Complainant, a recipient of the Family Eviction Prevention Subsidy (FEPS), filed a complaint alleging that Respondents Pinnacle Management rejected her application for an apartment because they were not aware of the FEPS program and did not believe that Complainant would be able to pay rent. Aarons Inc. Settles Fair Chance Act Violations for $40,000 in Civil Penalties, Implements Ban the Box Policies NationwideTesting conducted by the Commission revealed that Aarons Inc., a lease-to-own retailer, advertised positions in New York City with the following unlawful language included in its job postings, A drug screen and criminal background investigation is required and an online employment application form requiring applicants to allow Respondent to conduct a criminal background check and credit history check. 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. Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. After an investigation, the Commissions Law Enforcement Bureau issued a probable cause finding. on 4/12/2022 IT Staffing Agency Refused to Refer Applicant Who Objected to Recruiter's. The Complainants were paid $3,000 dollars in emotional distress damages, and the landlord agreed to post the Commission's Notice of Rights and "Fair Housing, It's the Law" poster, and attend the Commission's "Know Your Obligations" training. 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. 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. Respondents cooperated fully with the Commissions investigation. The Commission filed a complaint and issued a determination of probable cause. Indeed, it's the #1 claim individuals make at the U.S. The Commission sent a cease and desist letter and the parties signed a Stipulation and Order, with the Respondent agreeing to revise its polices, inform all employees of the revised policy, attend training, and post the Commissions Notice of Rights. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. 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. Pano Dion Corp., d/b/a Milkflower Settles Disability, Service Animal Case for $11,000 in Emotional Distress DamagesComplainants attempted to dine at Milkflower, a restaurant in Astoria, Queens, when they were denied entry due to the presence of a service animal. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. The Commission and parties entered into a conciliation agreement requiring C-Towns owner and managers to attend training on the NYC Human Rights Law; create and implement a written policy under the NYC Human Rights Law; display the Commissions Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Employment Notice; maintain records regarding complaints of discrimination, harassment, and/or retaliation, job openings, and applications for employment; provide a written apology to Complainant; and revise its employment application. New York City Fire Department Pays $17,500 in Damages for Gender-Based Harassment Claim; Posts and Distributes Notices of Rights; and Conducts TrainingAn employee of the New York City Fire Department (FDNY) filed a complaint against FDNY and her superiors after a male supervisor continuously referred to her as baby, honey, and other demeaning terms. You can find information about your rights and protections under SOX on the Department of Labors whistleblower website. After its investigation, the Law Enforcement Bureau credited Complainants allegation. The Complainant reported the name-calling and other hostile interactions to the FDNY's Equal Employment Office (EEO), which, she alleged, failed to take action following an internal investigation. Respondent Shin Gallery agreed to create a policy in accordance with its obligations under the New York City Human Rights Law to provide reasonable accommodations and to attend training on the Law. 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. The Commissions Law Enforcement Bureau issued a probable cause determination, and Respondents agreed to pay $55,000 in emotional distress damages to Complainant. The Commission negotiated a settlement including $30,900 in emotional distress damages to the Complainant, $6,600 in backpay, and $10,000 in civil penalties. Damages usually consist of back wages, overtime pay etc., which fall to the employer to pay, not the insurance company. 3-16466 (April 1, 2015), Activision Blizzard to Pay $35 Million for Failing to Maintain Disclosure Controls Related to Complaints of Workplace Misconduct and Violating Whistleblower Protection Rule (2/3/23), SEC Charges the Brink's Company with Violating Whistleblower Protection Rule (6/22/22), SEC Charges Co-Founder of Technology Company for Violating Whistleblower Protection Rule (4/12/22), SEC Charges Broker-Dealer for Violating Whistleblower Protection Rule (6/23/21), SEC Charges Investment Adviser and Others With Defrauding Over 17,000 Retail Investors (2/4/2021), SEC Charges Issuer and CEO with Violating Whistleblower Protection Laws to Silence Investor Complaints (11/4/2019), Connecticut Broker and Investment Adviser Convicted On 21 Counts of Fraud and Money Laundering (6/10/2019), Financial Company Charged with Improper Accounting and Impeding Whistleblowers (1/19/17), Blackrock Charged with Removing Whistleblower Incentives in Separation Agreements (1/17/17), Company Settles Charges in Whistleblower Retaliation Case (12/20/16), Company Violated Rule Aimed at Protecting Potential Whistleblowers (12/19/16), Risk Alert: Examining Whistleblower Rule Compliance (10/24/2016), SEC: Casino-Gaming Company Retaliated Against Whistleblower (9/29/16), SEC Charges Anheuser-Busch InBev With Violating FCPA and Whistleblower Protection Laws (9/28/16), Company Punished for Severance Agreements That Removed Financial Incentives for Whistleblowing (8/16/16), Company Paying Penalty for Violating Key Whistleblower Protection Rule (8/10/16), Merrill Lynch to Pay $415 Million for Misusing Customer Cash and Putting Customer Securities at Risk (6/23/16), SEC Announces Award to Whistleblower in First Retaliation Case (4/28/15), SEC: Companies Cannot Stifle Whistleblowers in Confidentiality Agreements (4/1/15), SEC Charges Hedge Fund Adviser With Conducting Conflicted Transactions and Retaliating Against Whistleblower (6/16/14), Statement on Court Filing by SEC to Protect Whistleblowers From Retaliation (2/20/14), STAY CONNECTED DB Grant Associates, Inc. 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. 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. pay inequity based on race. 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. 3-17786 (January 17, 2017), In the Matter of NeuStar, Inc., File No. 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. Retaliation is one of the most common employment claims pursued in court. After this is decided, the lawsuit itself will follow. HFF will also post the Commissions Notice of Rights and the manager will attend training at the Commission. Crunch agreed to pay a total of $40,000 in compensatory damages to the Complainants and $20,000 as a civil penalty; to change its national hiring policy to prevent background checks before making conditional employment offers; to revise its New York City hiring policy to match the requirements of the Fair Chance Act and the Commissions own guidance; to post the Commissions Know Your Rights notices in its offices; and to train its staff. If youchoose to report a possible securities law violation internally to your company, you also can report that information directly to the SEC either before or at the same time as reporting internally. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 as a civil penalty and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondents to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commissions notice of rights in their branch office. We encourage you to submit a tip to the SEC if you believe you have been retaliated against for reporting potential securities law violations even if the retaliation occurred outside of the United States. 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. The Retaliation Complaint Investigation Unit (RCI) investigates workplace retaliation complaints. Firstservice Residential, a Management Company, and 5400 Company, a Landlord, Agree To Settle Disability Discrimination in Pre-Complaint InterventionComplainant alleged that his property manager and his landlord, 5400 Company, failed to accommodate him and his neighbors and failed to provide adequate notice during an elevator modernization project in his Bronx building, during which the elevators were out of service. Read Gay City News coverage of the case here. For example, if the defendant is willing to enter into mediation, this will not require them to go to court. Save my name, email, and website in this browser for the next time I comment. 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. 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. 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. Equal Employment Opportunity Commission. 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. Under section 1102.5 of the California Code, an employer may not retaliate against an employee for actions taken by the employee such as: Disclosing a violation of law to a government or law enforcement office information Reporting a violation of law to his or her employer Refusing to participate in activity that would violate a law 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. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. It is important to note, however, that not all cases involving discrimination will result in monetary compensation. Agreement reached over alleged violations of California's false claims, false advertising and unfair business practices laws. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. Blog. Respondents resolved the matter pre-complaint by creating a comprehensive plan to accommodate all residents with disabilities during the remaining elevator outages resulting from the modernization projects across their six buildings. The Respondent cooperated with the Law Enforcement Bureaus investigation and sought to mitigate damages to the Complainant. The anti-retaliation protections generally apply to employees who report information regarding possible violations of the federal securities laws. The Respondents also agreed to place two voucher holders in immediate need of housing in set aside units as part of the agreement. 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. 2601, et seq ., is an important law that allows employees in need to . 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 Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. The Commissions Law Enforcement Bureau conducted an investigation and concluded that there was probable cause to credit the complainants allegations that Respondents unlawfully inquired into his criminal history prior to a conditional offer of employment. What Possible Damages Could Be Awarded to You After a Motorcycle Accident? The Law Enforcement Bureaus investigation established that the same manager engaged in similar harassing conduct towards other employees and issued a finding of probable cause. You do not need to reside or work in the United States to be eligible for an award under our whistleblower award program. 1 Twitter 2 Facebook 3RSS 4YouTube 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. After investigation by the Commissions Law Enforcement Bureau, Respondent agreed to enter into a stipulation and order to accommodate Complainants disability by installing a railing on the main entrance steps of the building. Unfair immigration-related practices. 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. You may also be able to file a retaliation complaint in federal court under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. 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. During the Law Enforcement Bureau's investigation, the landlord replaced the tub, and the property manager attended an anti-discrimination training. 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. 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. 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. A member of RSHs management will also attend training at the Commission. 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. 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. Complainant alleged that after his coworkers learned that he was bisexual, he was ridiculed, groped, and teased on a regular basis, including in front of an owner of the restaurant. 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. 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. 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. On February 21, 2018, the United States Supreme Court issued an opinion in Digital Realty Trust, Inc. v. Somers stating that the Dodd-Frank anti-retaliation provisions only extend to those persons who provide information relating to a violation of the securities laws to the SEC. Employment. 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. Dodd-Frank also created a private right of action that gives whistleblowers the right to file a retaliation complaint in federal court. Terminated.com Lawyers obtained a $400,000 settlement in a disability discrimination case without ever having to file a lawsuit. Rule 21F-17(a) provides that [n]o person may take any 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.. Wednesday, September 30, 2020. . 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. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. 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. Required fields are marked *. 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. Retaliation lawsuits like the one above are often filed against businesses. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. 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. The Respondents settled with the Commission by agreeing to pay the Complainant $5,000 in emotional distress damages, and the broker agreed to take a training on the source of income provisions of the NYC Human Rights Law. After the Commissions Law Enforcement Bureau investigation, Newsbar agreed to pay $5,000 in emotional distress damages, for the owner to perform 40 hours of community service, for the owner and full-time employees to attend training on the NYC Human Rights Law, create and implement anti-discrimination policies under the NYC Human Rights Law, and display a service animal poster in its place of business. Respondent claimed that other job options were very limited, and that Complainant never recovered from her injuries sufficiently to perform the essential functions of any job. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. 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. We encourage you to provide information about potential securities law violations to the SEC by submitting a tip.