The Commissions Law Enforcement Bureaus investigation found that one of the Respondents told their real estate agent that they declined Complainants application because they preferred to rent to a married couple. EEOC resolved 70,804 charges in FY 2020 and increased its merit factor resolution rate to 17.4 percent from 15.6 percent the prior year. Complainant was terminated in response. We use cookies and other tracking technologies to: There are different types of cookies and other technologies used our Website, notably: JD Supra Cookies. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from retaliating against employees who complain about discrimination in the workplace. InterContinental Hotels Group pays $75,000 in Damages and Penalties for Fair Chance Act Violations, Agrees to Partner with Three Reentry Organizations, Attend Two Job Fairs and Keep Records of the Hiring History on Applicants with Criminal HistoriesThe Commissions Law Enforcement Bureau investigated a complaint and found probable cause that InterContinental Hotels Group refused to hire Complainant as an engineer because of three convictions for criminal trespass that were more than six years old, along with three pending misdemeanor charges and an open adjournment in contemplation of dismissal (ACD). Specifically, the charge numbers show the following categories of discrimination, in descending order of frequency: These percentages add up to more than 100% because some charges allege multiple bases. It remains to be seen whether the U.S. Supreme Court's decision in 2020 that discrimination based on sexual orientation and gender identity is prohibited sex discrimination will have an impact on total LGBTQ-based sex discrimination charges filed.. (Picture by 2021 Getty Images) Veddriq Leonardo from Indonesia became the first man in sport climbing to break the five-second barrier on Friday (28 April). 1-800-669-6820 (TTY) According to the EEOCs lawsuit, Koch refused to rehire a former employee because she had filed an EEOC charge against Koch alleging that a strength test used by the company to screen truck drivers discriminates against women. 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. Official websites use .gov US Marines are seen around the scene at Abbey Gate outside Hamid Karzai International Airport on 26 August, 2021 . Registration Information. Respondents also agreed to train the stores employees and management on the NYC Human Rights Law and display the Commissions Anti-Discrimination and Equal Access posters in New York City stores. Respondents agreed to ensure that their policies regarding reasonable accommodations are in compliance with the NYC Human Rights Law, including appointing a specific employee to handle reasonable accommodations requests and creating a formal policy regarding waitlists for apartment transfers; to provide training to employees; and to display postings outlining their obligations under the NYC Human Rights Law. 2021 was another blockbuster year in the whistleblowing and retaliation arena. Retaliation lawsuits are filed by people who believe they have been the victim of discrimination in the workplace. make the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities). After the Commission found probable cause, Respondent agreed to pay $25,000 in damages to Complainant and $5,000 as a civil penalty. We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. An Iowa jury recently awarded $80.2 million in punitive damages and $527,872 in compensatory damages to a manager who claimed she was discriminated against because of her sex and retaliated against when she complained of the discrimination. Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. A lock ( Respondent signed a lease and rescinded that lease upon finding out about Complainants lawful source of income. Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. AvalonBay Communities, Inc. Settles Fair Chance Act Violations For $60,000, Affirmative Relief and Targeted Outreach to Organizations Serving Jobseekers With Criminal HistoriesTesting by the Commission revealed that Avalon Bay Communities, Inc., one of the nations largest apartment owners, advertised open positions in New York City with unlawful language stating that AvalonBay conducts drug and background screening for all hires. The Commission filed a complaint and Respondent removed the language from their job advertisements. For example, we place a session cookie on your computer each time you visit our Website. Democrats said the rule would delay cases and increase the risk of retaliation against workers. 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. "The number of cases filed by the EEOC increased in a respectable climb back to pre-pandemic levels, forecasting a busy year ahead for the Commission and employers in FY . In 2021, a new record was set for the amount of top class action settlements: $3.62 billion. A number of less-tangible factors may provide some explanation for the amount of the verdict. As part of the conciliation agreement, Respondent agreed to pay $25,000 in emotional distress damages and $15,000 in civil penalties. Earlier, in October 2018, South Korea's Supreme Court ruled that two Japanese corporations must compensate Koreans for wartime forced labor.Tokyo took retaliatory measures toward Seoul in the . information only on official, secure websites. As part of the conciliation agreement Respondent agreed to pay Complainant $17,000 in emotional distress damages. 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. $100,000 - LAD Retaliation; $500,000 - National Origin Discrimination (JG v. Camden) - Settlement - Hispanic Schoolchildren alleged that they were forced to eat on the gym floor without plates while non-Hispanic children were permitted to sit at table and eat off plates. Respondents agreed to pay Complainant $5,000 in emotional distress damages and agreed to provide training on the NYC Human Rights Law to the owners and managers of the bar. After a finding of probable cause, and a referral to the Office of Administrative Trials and Hearings (OATH), Respondents agreed to settle the complaint for $33,000 in waived rent/arrears, $2,500 in emotional distress damages to Complainants, $15,000 in civil penalties and $22,500 in Complainant attorney fees. $175,000 - Sexual and Racial Harassment; $175,000 - CEPA . Following receipt of her Complaint, Postmates brought its application into compliance with the Law, and paid $7,500 in emotional distress damages to the Complainant. The current pandemic is not only a public health crisis and an economic crisisits also a civil rights crisis, Burrows said. Paul (EEOC v. Stan Koch & Sons Trucking, Inc., Civil Action No. To settle the matter, Respondents agreed to pay Complainant $12,500 in emotional distress damages, train its staff on the NYC Human Rights Law and reasonable accommodations, and post the Commissions Equal Access poster and a copy of Respondents anti-discrimination policies in its campus facilities. We may also notify you of changes to our privacy policy by email. Respondent Zam Realty also agreed to assist Complainant 1 in entering and exiting the building, as necessary, make two portable ramps available for his use, and agreed to transfer Complainants to an accessible apartment if one becomes available. Retaliation is the most frequently alleged basis of discrimination in the federal sector and the most common discrimination finding in federal sector cases. Through a Stipulation and Order, landlord Respondent agreed to adopt reasonable accommodation policies and procedures, attend training, distribute the new policies to residents and staff, and submit to monitoring by the Commission for a five-month period. 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. 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. Mannix Family Market @ Hylan Blvd LLC, a Supermarket, Pays $38,840 in Damages and $10,000 Penalties in Fair Chance Act CaseA Staten Island Shoprite hired Complainant as a cashier and promoted him three months later. Respondent also agreed to make policy changes, display the Commissions Notice of Rights posters, and receive training on the NYC Human Rights Law. First, the No FEAR Act governs the process of reimbursements to the Treasury Department's judgment fund by agencies, from their budgets, for judgments against agencies and settlements for The school also insisted that Complainant use a women's restroom, and he instead chose to walk more than a block to a nearby restaurant to use a restroom consistent with his gender identity. The Commission sent a cease-and-desist letter and Respondent agreed to a Stipulation and Order, committing to revise its polices, inform all employees of the revised policy, attend training, and post the Commissions Notice of Rights, Equal Access, and Service Animals Welcome notices in the store. In addition to this relief, Respondent Zam Realty agreed to train its staff on the NYC Human Rights Law, adopt the Commissions model disability policy, display Notices of Rights and Fair Housing posters in its buildings, and inform their tenants on how they may request a reasonable accommodation. This token is specific to a user's login session and requires a valid username and password to obtain. The Commission found that Respondent NYC Department of Education (DOE) failed to properly engage in the cooperative dialogue process and retaliated against Complainant. Shore Terrace Cooperative, Inc. Settles Failure to Allow an Emotional Support Animal Case, Revises Policies, and Waives FinesComplainant alleged that Shore Terrace Cooperative, Inc. (STC) had denied her request to keep her emotional support animal as a reasonable accommodation. Washington, DC 20507 In a settlement, Respondent paid Complainant $26,335 in damages; agreed bring its employment application and policies into compliance with the NYC Human Rights Law; train all of its managers and supervisors on the NYC Human Rights Law; and post the Commission's Notice of Rights poster in both employee- and client-facing areas. reprimand the employee or give a performance evaluation that is lower than it should be; transfer the employee to a less desirable position; threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police); spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or. Respondents also agreed to post new signage outside its single-gender restroom facilities, remove all locks requiring a key for access from its single-gender facilities, modify the school's enrollment paperwork to allow students to self-identify their gender, name, title, and pronouns, distribute the Commissions Gender Identity/Gender Expression Legal Enforcement Guidance to its staff, and provide anti-discrimination training to all staff. We encourage you to read the legal notices posted on those sites, including their privacy policies. CHICAGO Stan Koch & Sons Trucking, Inc., a Minnesota-based transportation company, will pay $165,000 and furnish other relief to settle a retaliation case brought by the Equal Employment Opportunity Commission (EEOC), the federal agency announced today. WASHINGTON The U.S. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. Refusing to hire someone solely because she has filed a charge with the EEOC is as clear a case of retaliation as you are ever going to see, said Gregory Gochanour, the EEOCs regional attorney in Chicago. The co-op board also agreed to display the Commissions Notice of Rights and Fair Housing postings in all places of business, include the Commissions FAQs on source of income discrimination in their application materials, and to adopt policies on the evaluation and approval of sublease applications from applicants with public sources of income. asking managers or co-workers about salary information to uncover potentially discriminatory wages. Complainant submitted the documents but was never called to return to work. For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. The Respondent landlords also agreed to post an anti-discrimination notice at their rental property, and the Respondent agent affirmed that he will not represent himself as a broker or salesperson in New York unless he is licensed to do so. DOC agreed to distribute the revised policies to all current and future public-facing DOC employees, as well as to provide an interactive training on the policies to all public-facing employees at DOC facilities in New York City. Co-Op Board 4380 Vireo Avenue Owners Inc., and Hudsoncrest Properties Inc., Settles Source of Income Discrimination Claim for $6,000, Training and Policy ChangesA NYCHA Section 8 voucher holder inquired about renting a co-op apartment and was told that rental assistance programs were not accepted. 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. LA Fitness Agrees to Policy Creation, Training, and Postings to Ensure Equal Treatment of Transgender PatronsTesting by the Commissions Law Enforcement Bureau revealed that a Bronx location of Fitness International, LLC d/b/a LA Fitness, a national gym chain, would not allow transgender women to use the womens locker room unless they had gender affirming surgery. In addition to discrimination charges, in fiscal year 2020, the EEOC resolved 165 lawsuits and filed an additional 93 lawsuits. A lock ( 201 East 164 Associates LLC, Bronx Landlord Agrees To Adopt Reasonable Accommodations Policies and Procedures, Attend Trainings, Display Postings and Submit to MonitoringIn response to a tip, the Commission initiated an investigation regarding the accessibility of a Bronx building for individuals with disabilities. Respondent TJ Maxx paid $6,493.50 in back pay, $28,000.00 in emotional distress damages, and $15,000.00 in civil penalties. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 The Respondent paid $3,000.00 in emotional distress damages and $2,000 in civil penalties. Perrigo Company Pays $20,000 for Fair Chance Act ViolationsComplainant, a temporary warehouse worker, alleged that Perrigo, a pharmaceutical company, conditioned an offer of a permanent position on the successful completion of a criminal background check, drug screening, verification of prior employment, and work authorization. Chin's suit was settled in September 2022. 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. Addressing and remedying this type of conduct in the workplace is a core purpose of the agency.. Complainant almost lost her voucher as a result of Respondents denials. 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. Coca-Cola, and Target have paid out multimillion-dollar settlements, . 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. According to the EEOC's suit, EEOC v. Fermi Research Alliance LLC, Civil Action No. Secure .gov websites use HTTPS Shoprite paid the Complainant $18,840 in emotional distress damages, $10,000 in civil penalties to the City, agreed to bring its employment policies in compliance with the NYC Human Rights Law, train all supervisors and managers in the NYC Human Rights Law, and post the Commissions Notice of Rights poster in its place of business, along with other legally required notices. Here's how we got here . DOC agreed further to work with the Commissions representative on the New York City Board of Corrections Task Force on issues faced by transgender, gender non-conforming, non-binary and/or intersex people in custody and to revise its policies governing staff interactions with transgender, gender non-conforming, and non-binary visitors, including addressing all visitors by their self-identified names, honorifics, and pronouns. We use the information and data we collect principally in order to provide our Website and Services. You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at: You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. Respondent GreenPearl settled the pregnancy and caregiver discrimination case, agreeing to pay Complainant $20,000 in emotional distress damages and to have its employees attend anti-discrimination training. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). U.S. information only on official, secure websites. The landlord Respondents agreed to attend training, change their policies, post notices of rights, and pay $9,000 in civil penalties. 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. We also utilize email web beacons to monitor whether our emails are being delivered and read. Chair Burrows pointed out that the COVID-19 pandemic and the resulting recession has made life more difficult for Americas workers in many ways. The employee filed a whistleblower case with OSHA. We will make all practical efforts to respect your wishes. Improve the user experience on our Website and Services; Store the authorization token that users receive when they login to the private areas of our Website. 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. Safeguard Storage Properties, LLC Settles Fair Chance Act Violations for $15,000, Implements Ban the Box Policies NationwideTesting conducted by the Commission revealed that Safeguard Storage Properties, LLC., the operator of self-storage units in six states, advertised positions in New York City that included the unlawful statement in job postings, We conduct background checks. Respondent agreed to pay a $15,000 civil penalty; implement a ban the box policy on a nationwide basis; train all New York City-based managers and employees who make hiring decisions for New York City employees on the NYC Human Rights Law, including the Fair Chance Act; revise its policies to conform with the NYC Human Rights Law; and post the Commissions Fair Chance Act Legal Notices in employee-accessible areas. Respondents also agreed to inform its tenants on its reasonable accommodation policy at all New York City-based buildings by posting a notice for tenants that describes rights. The Commission investigated and determined that Respondents job advertisement violated the NYC Human Rights Law. 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. how do i pay earnin back early,