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3-20370 (June 23, 2021), SEC v. Leon Vaccarelli, et al., 17-cv-01471 (D. Conn., filed Aug. 31, 2017), SEC v. Collector's Coffee, Inc. (d/b/a Collectors Cafe), and Mykalai Kontilai, 19-cv-04355 (November 4, 2019), SEC v.Kenneth W. Crumbley,16-cv-00172(N.D. 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 . PSF will also post the Commissions Notice of Rights, Single-Sex Facilities Notice, and Pink and Blue campaign posters at both Dolphin Fitness locations, and a member of PSFs management will attend training at the Commission. 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. 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. 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. American Museum of Natural History Settles Gender and Pregnancy Discrimination Case for $30,000 in Emotional Distress Damages, Agrees to Implement Affirmative ReliefComplainant filed a claim against her former employer, the American Museum of Natural History, alleging that her supervisor subjected her to a hostile work environment on the basis of her gender and pregnancy. With the passage of Dodd-Frank, Congress amended the Exchange Act to add Section 21F, which established a series of new incentives and protections for individuals to report possible violations of the federal securities laws, including enhanced employment retaliation protections. The Commissions Law Enforcement Bureau (LEB) conducted an investigation, including a review of the allegations and Yodles employment applications. The Commissions Law Enforcement Bureau conducted an investigation and issued a finding of probable cause. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. There are many different types of businesses, ranging from stores to franchises to services. Landlord Pays $9,000 in Damages for Failing to Accommodate Tenant; Replaces Bathtub, Changes Policies, Posts Anti-Discrimination Notices in 14 Buildings, and Agrees to TrainingA Bronx tenant requested an accommodation for her landlord to modify her bathtub in order to accommodate her disabilities.The tenant filed a complaint alleging that her landlord refused to replace the bathtub. Through its investigation, the Commissions Law Enforcement Bureau discovered evidence to support Complainants allegations. Broker Pays $5,000 in Damages in Source of Income Discrimination CaseComplainant who alleged source of income discrimination based on her attempt to use a voucher brought a complaint against a broker and his employer. Despite the fact that Complainant provided doctors notes in support of her request, she was told that her position could not be held open and she was terminated instead of engaging in a cooperative dialogue, as is mandated by the NYC Human Rights Law. Landlord Agrees to Pre-Complaint Resolution by Accommodating Tenant with Disability, Policy Changes, Training, and PostingsA landlord provided a tenant with a reasonable accommodation for her disability by replacing Complainants bathtub with a walk-in shower, created a reasonable accommodations policy for all current and prospective tenants, agreed to attend the Commissions anti-discrimination training, and to display posters outlining its obligations under the NYC Human Rights Law. Brooklyn-based Property Management Company and Vice President Pay $94,000 in Damages and Penalties in Sexual Harassment CaseComplainant, who was employed as an office assistant by a property management firm for two and a half months, filed a complaint alleging that after she was hired, she was sexually harassed by a vice president, facing repeated unwanted romantic and sexual advances. O.M.G., Inc. Agrees To Pay $30,000 in Damages and Extensive Affirmative Relief After Terminating a Transgender EmployeeComplainant, who is transgender, worked for O.M.G., Inc. (OMG) as a sales associate. 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. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. 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. 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. 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. Retaliation is one of the most common employment claims pursued in court. 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. The department also announced the April 28, 2020 settlement of the Title VII claims brought in its lawsuit on behalf of Houston firefighter Paula Keyes. 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 ). Despite the sign, Complainant alleged that an employee of Respondent C-Town told Complainant that there were no positions available. Software People, Inc. Settles EEOC Retaliation Lawsuit U.S. Somethingreek Restaurant Agrees to Pay $2,000 in Emotional Distress Damages, Attend Training, Create Anti-Discrimination Policy, and Post Notice of Rights Complainants, who have disabilities and use a service dog, filed a complaint alleging that a restaurant employee told them they could not remain in the restaurant with their service dog. 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. 3-17312 (June 23, 2016), In the Matter of KBR, Inc., File No. Personnel at Blue Ribbon Retaliation Intvn Cnter. As a result, Complainant resigned from her job so she could comply with the obligations of her faith. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training. Area. 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). Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. 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. Additionally, Chipotle agreed to monitor reasonable accommodation requests for one (1) year at fifteen (15) New York City based locations and submit its log to the Commissions Law Enforcement Bureau at the end of the year. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. 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. This is why it is important to consult with a lawyer before signing any type of contract with anyone. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. The Commissions Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainants Section 8 voucher. DB Grant Associates, Inc. After a long negotiation process, the parties agreed that Respondent would pay $1,000 as a civil penalty to the City of New York, discontinue a pending action in state court against the Complainant and attend the Commissions anti-discrimination training. To understand how this may affect you, we encourage you to consult with an attorney. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. 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. The Commissions Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. In conciliation, Respondents agreed to pay $11,000.00 to Complainants, attend training, train their staff on their new policy pertaining to providing reasonable accommodations to people with disabilities and those who use service animals, and post the Commissions Notice of Rights in English and Spanish. Incident(s) Terms. 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. 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. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology. For example, if the defendant is willing to enter into mediation, this will not require them to go to court. NYC Health + Hospitals Corporation Pays $140,000 in Emotional Distress Damages To Resolve Gender-Based Harassment ClaimsAn employee of the New York City Health and Hospitals Corporation (H+H) filed a complaint alleging that a senior manager within the Equal Employment Opportunity office at H+H sexually harassed her over a period of several years, attempting to kiss her, making comments about her body, attire, and appearance, and routinely making sexual innuendos and advances towards her. 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 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. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. 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. Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. Divorce Lawyer: Understanding Their Role in Your Divorce Case, Charged with a Felony? Save my name, email, and website in this browser for the next time I comment. The Commission and Respondents reached a settlement agreement that required them to pay $10,000 in civil penalties; make changes to ensure their policies were compliant with the source of income provisions of the Law; attend training; send notices about the Law to Respondents agents; and post notices of rights in the buildings they own throughout New York City. The Commission found probable cause and referred the matter to the Office of Administrative Trials and Hearings, where the parties came to a settlement agreement. Small Landlord Settles Complaint Alleging Harassment on the Basis of Sexual Orientation for $3,000 in DamagesComplainants alleged that a repairperson hired by their apartment building's property manager subjected them to harassment because of their sexual orientation during a scheduling phone call. 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. In the Matter of Activision Blizzard, Inc. 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. For example, if an employer discovered that an employee was making jokes about another person in front of their peers, this would often mean that the employer would be liable for firing the employee. Respondent Dalton also agreed to ensure its policies regarding tenant screening and reasonable accommodations are in compliance with the NYC Human Rights Law, to provide training to its employees, and to display postings outlining its obligations under the NYC Human Rights Law. 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. The co-op board members and Respondents staff members will also attend training on the NYC Human Rights Law. 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. 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. 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. 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. Stop and Shop Supermarket Pays $10,000 in Emotional Distress Damages and Agrees To Affirmative Relief in Religious Discrimination CaseComplainant, a Muslim, filed a complaint against Stop and Shop Supermarket Company alleging that an employee made an Islamophobic comment to him during a visit to one of companys stores in Queens. Mount Sinai Beth Israel Hospital Agrees to Pay $10,000 in Emotional Distress DamagesComplainant, a man who is transgender, alleged that a Mount Sinai Beth Israel nurse subjected him to gender-based discrimination while he sought medical care at the hospital. Respondent agreed to pay Complainant $12,500 in emotional distress damages, to modify its employee policies to better comply with the NYC Human Rights Law, and to train its managers on the NYC Human Rights Law. If you are successful in court, you may be entitled to reinstatement, double back pay, litigation costs, expert witness fees, and attorneys fees. FY 2016 - FY 2020: As a percentage of total charge receipts, receipts that included a claim for retaliation increased. The property manager for the building also attended a training on the NYC Human Rights Law. 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. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. While Complainant was working, he was classified as an independent contractor in both Respondents HR systems. NYC Fire Services and Guards LLC Pays $12,500 in Damages and Civil Penalties for Subjecting Applicants to Questions Which Violated the Fair Chance ActA job applicant filed a complaint against of discrimination against NYC Fire Services and Guards LLC alleging that Respondents 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. The Commission, the Complainant and Respondent entered into an agreement for Respondent to pay the complainant $15,000 in emotional distress and a civil penalty of $10,000. The release also indicated that the records searched would include a 7-year criminal check, driving record, national wants and warrants, and a national criminal file. To resolve the case, Respondent agree to pay Complainant $11,000 in emotional distress damages; train its New York City employees on protections against gender discrimination under the New York City Human Rights Law; update its anti-discrimination policies; and post the Commissions Notice of Rights poster in all New York City places of business. 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. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law. Following the incident, the patient filed a complaint against LabCorp for failing to accommodate his disability during his visit. Dodd-Frank does not specifically state whether, or to what extent, the anti-retaliation protections apply to individuals or conduct outside of the United States. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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. For example, in the past, sometimes lawsuits arise out of someone being offended by another individual. The Respondent also agreed to create a comprehensive policy regarding assessment of applicants with criminal conviction histories' to provide training to human resources employees; and to display postings outlining its 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. Additionally, a representative from Respondents board of directors will attend a training on the NYC Human Rights Law. Prior to the conciliation, Respondents attended an anti-discrimination training, created a new reasonable accommodation policy for emotional support animals and service animals, and posted the Commissions anti-discrimination notices at all residential buildings in its portfolio. This means that if you are a whistleblower who has reported a possible securities law violation to the Commission in writing and believe you have been retaliated against because of your report, you may be able to sue your employer in federal court and seek double back pay (with interest), reinstatement, reasonable attorneys fees, and reimbursement for certain costs in connection with the litigation. 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 . 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. 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 . Design House and Luxury Retailer Prada USA Corp.Agrees to Groundbreaking Settlement and Commits to Restorative Justice Measures Including Creating a Scholarship Program, Hiring a Diversity and Inclusion Officer, Undergoing Racial Equity and Training, and Increasing Staff Diversity In December 2018, the Commission's Law Enforcement Bureau issued a cease and desist letter and launched an investigation into Pradas display and sale of its Pradamalia merchandise. 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.