OSHA News Releases - Whistleblower | Occupational Safety and Health 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. 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. Unfair immigration-related practices. The parties entered into a conciliation agreement in which Respondents paid Complainant $59,500 in full back pay and $10,000 in emotional distress damages; Respondent HSBC paid $30,000 in civil penalties to the City of New York; updated their discrimination policies to comply with the NYC Human Rights Law; posted the Commissions Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Discrimination Notice; and trained all supervisory/managerial employees with hiring responsibilities on NYC Human Rights Law. Complainant responded that he was engaged. MMPS of New York paid the Complainant $7,822.87 in back pay, $22,177.13 in emotional distress damages, and $10,000 in civil penalties. InDinero, Inc. agreed to pay $11,666.67 in back pay, $18,333.33 in attorneys fees, $25,000 in emotional distress damages, and $10,000 in civil penalties, and to revise their hiring policies and practices. Area. Property Management Company Firstservice Residential and Housing Provider K&T Realty Associates LLC Pay $16,500 in Damages and Penalties in Citizenship Status Discrimination CaseComplainant filed a complaint alleging that Respondents required her to provide a double security deposit due to her citizenship status, as a non-US citizen. 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. Pax Assist, LLC Pays $17,500 in Civil Penalties and Emotional Distress Damages to Settle Claims of Religious Discrimination; Agrees to Train All Employees, Revise Policies, and Agrees to Two Years of Monitoring By the CommissionThe Commission filed both a Commission-initiated complaint and a public complaint against Pax Assist after it discovered that managers had discriminated against the companys Muslim employees when they asked that their breaks coordinate with fasting times during the month of Ramadan. 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. 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. Landlord Agrees To Settle Commission-Initiated Disability Discrimination Case for Civil Penalties, Installation of Ramps, Affirmative ReliefThe Law Enforcement Bureau initiated an investigation after it received multiple complaints from building residents of 8750 Bay Parkway, Brooklyn, about the need for external and internal ramps, and agents of the landlord refused to construct those ramps. 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. Respondent Chipotle required the employee to provide medical documentation to be excused from heavy lifting, which violates the NYC Human Rights Law and refused to provide her with a reasonable accommodation. 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. 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. 3-21294 (Feb. 3, 2023), In the Matter of The Brink's Company, File No. 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. Examples include: Termination, suspension, transfer or demotion. Among other things, these protections provide that an employer may not discharge, demote, suspend, threaten, harass, or in any way discriminate against a whistleblower in the terms or conditions of employment for: In addition, the SEC may also bring an enforcement action against a company that violates the anti-retaliation provisions of Dodd-Frank. The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York CityHuman Rights Law. $395,000 Terminated.com Lawyers obtained more than $395,000 in a lawsuit alleging retaliation for whistleblowing. 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. Regardless of whether the anti-retaliation protections extend to you, you may remain eligible for an award under our whistleblower award program. 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. Sex Discrimination. One of the COVID-19 claims filed earlier this week, although not a class action, prompts me to add a seventh distinct risk for employers: claims by employee "whistleblowers" alleging. Data Visualizations: Retaliation Charge Data | U.S. Equal Employment Chipotle Mexican Grill, Inc. There are even cases like those mentioned above, in which individuals filing suit are actually employees of the company being accused of discrimination. 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York. Hubbell later sued FedEx in court for terminating her employment in retaliation for filing those EEOC charges. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. We encourage you to provide information about potential securities law violations to the SEC by submitting a tip. The property manager for the building also attended a training on the NYC Human Rights Law. 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. The first step to getting the right advice is knowing what type of lawsuit you should be pursuing. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology. 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. 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. 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. EEOC releases fiscal year 2020 charge and litigation data: Retaliation Respondents Pay $15,000 in Emotional Distress Damages and Agree to Bring Complainants Account Balance to Zero in Source of Income Discrimination CaseComplainant, a Section 8 recipient, filed a Complainant alleging that her landlord refused to allow her to begin using her Section 8 voucher after she became eligible for the voucher during her tenancy. If you are represented by counsel, you are on constructive notice of the TCR filing requirement. As EEOC works to address this issue, you can help. The parties agreed to settle the matter using the Commissions pre-complaint intervention process. 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). New York Institute of Technology Pays $45,000 in Damages, Penalties, and Attorneys Fees in Fair Chance Act Case, Revises Policies, Conducts Training, and Puts Up PostingsComplaint filed a complaint alleging that she was unlawfully denied a position due to her criminal history after receiving a conditional offer of employment, and that Respondent's application contained a question about criminal history several months after the passage of the Fair Chance Act. 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. Learn more about what constitutes retaliation, why it happens, and how to prevent it. Landlord and Property Manager of a Queens Building Agree To Settle Disability Discrimination Matter in Pre-Complaint InterventionComplainant alleged that his landlord and property manager failed to accommodate him and other tenants with disabilities by refusing to install a wheelchair-accessible ramp at the main entrance of the building he resides in, preventing him from entering or exiting the building and accessing the buildings elevator. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. Harassment, Forced to Quit. 2020 Settlement Highlights - CCHR - New York City Here's Why Retaliation Claims Are Easier To Prove In Court Than An investigation by the Law Enforcement Bureau confirmed that Respondent Crunch properly waited until making a conditional offer of employment to do background checks, but then failed to give Complainants individualized assessments of their criminal histories. 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. It is important to note that lawsuits like the one above are not only common, but can happen without warning. California woman awarded over $167 million in employer retaliation case Despite Complainants explanation that the shorter time was insufficient for her to fulfill her religious obligations, and her repeated requests for reconsideration, Respondents denied her request without explanation. 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. From Settlement Disclosures to Retaliation: A Summary of Sexual The Commissions Law Enforcement Bureau conducted an investigation and found evidence that Complainant's supervisor made inappropriate and illegal comments based on stereotypes, including telling Complainant, "It is very selfish of you to have all these children you cannot take care of," "You should use birth control," and, "When are you going to stop having babies?" 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. A Complainant also filed a complaint against Prada in January 2019. The online application contained language authorizing Yodle to contact law enforcement and credit agencies. 3-17739 (December 20, 2016), In the Matter of International Game Technology, File No. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. 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 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. Remsen Owners Corp. Agrees to Install a Railing to Rectify Inaccessibility IssueComplainant reported to the Commissions Law Enforcement Bureau that the exterior steps of her building, belonging to Respondent Remsen Owners Corp., prevented her from entering or exiting unless assisted by another individual. 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. What Possible Damages Could Be Awarded to You After a Motorcycle Accident? 3-17596 (September 29, 2016), In the Matter of Paradigm Capital Management, Inc. and Candace King Weir, File No. Securitas Security Services Settles Disability Discrimination Case for $15,000 in Damages and Penalties and Agrees to Training, Policy Revisions and Legal Postings Complainant filed a disability discrimination complaint against Securitas Security Services alleging that Respondents failed to accommodate her disability, constructively terminated her employment, and retaliated against her based on her disability. 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. 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. 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. 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. 3-17371 (August 10, 2016), In the Matter of Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., File No. 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. 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. In order to fight back against those who have perpetrated the wrong, it is essential that you have a strong defense. 3-20820 (April 12, 2022), In the Matter of Guggenheim Securities, LLC, File No. 3-17801 (January 19, 2017), In the Matter of Blackrock, Inc., File No. Due to Respondents demonstrating financial hardship after being forced to close because of the COVID-19 pandemic, civil penalties were waived. 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. Wrongful Termination Lawyer Orange County | Employment Law Firm All About Family and Medical Leave Act Retaliation Claims In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. Retaliation Lawsuits Settlements - OU Legal 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. 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. Chipotle will also post the Commissions Notice of Rights in English and Spanish, the Pregnancy Discrimination Notice, and Stop Sexual Harassment Notice, at all its New York City locations. Blog. Only the SEC, however, may file an enforcement action for a violation of Rule 21F-17(a).