In the winter of 2022, Dr. Stanley Berry says he tried to raise a "very serious" issue with his colleagues at Wayne . For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. Respondents also agreed to pay Complainant $3,000 in emotional distress damages and apply a $3,000 rent credit to her account. Respondent TJ Maxx paid $6,493.50 in back pay, $28,000.00 in emotional distress damages, and $15,000.00 in civil penalties. Respondent agreed to pay a $60,000 civil penalty, partner with three organizations for targeted outreach to jobseekers with criminal histories and submit to two years of monitoring by the Commission. KBY Security Services Settles a Gender Discrimination Claim for $5,000 in Damages and Penalties, Trainings and PostingsRespondent posted a job advertisement on Indeed.com for a female security guard. Landlords and Their Real Estate Agent Agree to Settle Case Involving Discrimination on the Basis of Gender and Pregnancy, Perceived Immigration Status, and Presence of Children for Monetary Damages, Training, and PostingsComplainants, a husband and wife, filed a complaint against their small Queens landlords and their agent, an unlicensed broker who provided some language interpretation assistance for the landlords, for threatening to call U.S. Immigration and Customs Enforcement (ICE) if Complainants did not vacate their basement apartment and for making unlawful statements about their children living with them. The lawsuit, filed in September 2020, alleged that the Superintendent and Board of San . The conciliation requires the network to waive forced arbitration in agreements executed with its employees, talent, and contributors for any claims brought under the New York City Human Rights Law for four years. HeartShare Human Services of New York Settles Fair Chance Act Discrimination Complaint for $20,000, Trainings, and PostingsA prospective employee filed a complaint against HeartShare Human Services of New York, a nonprofit agency providing services to individuals with disabilities, alleging that her job offer was unlawfully rescinded after a background check. 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. After an investigation, the Commissions Law Enforcement Bureau found probable cause to support Complainants allegations. but in early 2021 I was asked if I wanted to write an update to my initial review talking about my experience as a client, so I said "yeah I want to . We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. For example, it is unlawful to retaliate against applicants or employees for: Participating in a complaint process is protected from retaliation under all circumstances. Copton Owners Corp, a Co-op, Settles Lawful Source of Income Discrimination Complaint For $20,000 in Emotional Distress Damages, $5,000 in Civil Penalties and Affirmative ReliefComplainants, a husband and wife, attempted to rent an apartment with a housing voucher as well as disability benefits. The landlord respondent paid $55,000 in civil penalties and helped place three separate tenants with housing vouchers in set-aside units within their portfolio. Marketing Firm Ibericus, Inc. Settles Fair Chance Act and Salary History CaseThe Commission initiated a case against Ibericus, Inc, a Manhattan-based marketing firm, based on a tip that the companys employment application asked questions about criminal history and salary history in violation of the NYC Human Rights Law. Coca-Cola, and Target have paid out multimillion-dollar settlements, . After a finding of probable cause, the respondent agreed to pay $25,000 in emotional distress damages and $5,000 in civil penalties. 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. $1.23 million verdict in whistleblower / wrongful termination case, Nov. 15, 2017. Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account). Apex Technical School Agrees to Settle Transgender Student's Discrimination Case for $25,000, Training, Postings, And Affirmative ReliefComplainant, a transgender man and former student of Apex Technical School, filed a complaint against the vocational school after it refused to register Complainant under his current name, leading a staff member to repeatedly call on Complainant by his former, traditionally feminine name in front of a class of cisgender men who were previously unaware that the Complainant is transgender man. 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. Robert Wainberg accused former president James Mellichamp and members of its board of trustees of conspiring to retaliate and neglecting to prevent acts of retaliation against Wainberg and former . Retaliation continues to be the most frequently filed claim included in charges with the EEOC; 56 percent of all charges filed in FY 2021 included a retaliation claim, and we do not expect that trend to change any time soon. Respondents agreed to pay $10,000 in emotional distress damages, take the Commissions training on the NYC Human Rights Law, post the Commissions Know Your Rights, Disability Rights, and Sexual Harassment posters, and amend its employment policies to comply with the NYC Human Rights Law. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. The Family and Medical Leave Act (FMLA), 29 U.S.C. You engaged in protected activity. Equal Employment Opportunity Commission (EEOC) to resolve disability, pregnancy and retaliation discrimination charges, the federal agencymore, Companies Fired Female Recruiter After She Complained of Sex Discrimination, Federal Agency Found - LOUIS Outwest Express, a transportation services company, and American One Source, a professional employer organizationmore, Employer Racially Harassed Black Employee and Retaliated Against Him for Complaining, Federal Agency Charged - CHEYENNE, Wyo. Skilskin, a non-profit focused on disabilities and employment that operates in Washington,more, San Antonio Critical Care Transportation Company Maintained Hostile Work Environment Based on Sex, Federal Agency Charged - SAN ANTONIO, Texas -- Lone Star Ambulance, a San Antonio critical care transportation company, hasmore, Joint Employers in Permian Basin Retaliated Against Workers Complaining of Race, National Origin and Sex Harassment, Federal Agency Charges - ALBUQUERQUE, N.M. Four national companies that jointly built and maintainedmore, CAT Equipment Dealer Assigned Black Technician Menial Duties Because of His Race, Federal Agency Charged - AUGUSTINE, Fla. Ring Power Corporation, North and Central Florida's CAT-brand heavy equipment dealer, has agreedmore, Temporary Employees at Shipyard were Subjected to Sexual Harassment and Retaliation After Reporting Harassment - BIRMINGHAM, Ala. Staffing agency NSC Technologies, LLC and shipbuilder Huntington Ingalls Incorporatedmore, Plant City Restaurant Subjected Black Employee to Racial and Homophobic Epithets, Then Forced Him to Quit, Federal Agency Charged - TAMPA, Fla. Neighborhood Restaurant Partners Florida, LLC (NRP), which operates anmore, Company Owner Repeatedly Claimed Women Do Not Belong in the Building Trades and Sexually Harassed Female Employees for Years, Federal Agency Charged - SEATTLE Spokane Valley-based HVAC contractor Air Control Heating &more, Settlement Resolves Federal Suit Charging Jivaro Professional Headhunters Unlawfully Fired Employee For Filing Disability Complaint - BOISE, Idaho Recruiting services company Jivaro Professional Headhunters will paymore, Wisconsins Largest Ginseng Producer Subjected Female Workers to Hostile Work Environment and Then Fired Them for Resisting, Federal Agency Charged - MILWAUKEE Baumann Farms LLP, a major agricultural company in centralmore, Current and Former Employees Encouraged to File a Claim of Sexual Harassment, Pregnancy Discrimination, and Related Retaliation to Share in $18 Million Claim Fund - LOS ANGELES On March 30, 2022, a federal court approvedmore, Construction and Renovation Company Subjected Black Employees to Racial Slurs and Employee Was Fired After Complaining About the Harassment, Federal Agency Charged - MILWAUKEE A Waukesha, Wisconsin construction andmore, Egg Producer Allowed Supervisor to Sexually Harass Female Employee, Then Retaliated Against Her When She Complained, Federal Agency Charged - GRAND RAPIDS, Mich. Konos, Inc., a Michigan-based egg producer, will paymore, IT Staffing Agency Refused to Refer Applicant Who Objected to Recruiters Discriminatory Inquiry Concerning His Age, Federal Agency Charged - NEW YORK Software People, Inc., an IT support staffing agency based in Longmore, Current and Former Employees Encouraged to Make a Claim of Sexual Harassment, Pregnancy Discrimination, or Retaliation with the EEOC - LOS ANGELES U.S. District Court for the Central District of California has approvedmore, Staffing Companies Fired Employee With Psychiatric Disability Instead of Providing Reasonable Accommodations, Federal Agency Charged - WASHINGTON TrueBlue, Inc. and PeopleReady, Inc., labor sourcing companies withmore, Night Club Management Sexually Harassed Applicants and Employees, Federal Agency Charged - LAS VEGAS SBEEG Holdings, LLC dba Hyde Bellagio, a former Las Vegas night club, and Spoonful Management, LV LLC, will pay $1more, Client Services Employee Subjected to Hostile Work Environment And Then Fired for Reporting It, Federal Agency Charged - ATLANTA Peachstate Health Management, LLC, doing business as AEON Global Health, amore. Respondents agreed to: pay Complainant $15,000 in emotional distress damages; train their New York City-based managers and supervisors on the Fair Chance Act; revise their policies to conform with the NYC Human Rights Law; and comply with the Commissions legal notice posting requirements. More information is available atwww.eeoc.gov. To this day, Littler's exclusive focus on employment law . Recent jury awards and out-of-court settlements illustrate the potential risk in retaliation lawsuits. Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. As part of the settlement agreement, the DOE agreed to pay $20,000 in emotional distress damages to Complainant; conduct anti-discrimination training for all administration employees at Complainants former school, rescind Complainants unsatisfactory ratings for school years 2014-15 and 2015-16; and submit proof of compliance with the Commissions Notices and reasonable accommodation policies. 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. Marshalls of MA, Inc. Agrees To Settle Disability Discrimination Case For $15,000, Training and PostingsMarshalls agreed to settle a case filed by an employee of a Marshalls store who claimed that he was given fewer hours, refused accommodations, and mocked for his disabilities. Additionally, the landlord Respondents worked with the Commission and community groups to help place three (3) voucher holders in housing in set-aside units. OSHA determined that the employee was a victim of retaliation because he raised safety concerns, and that Amtrak violated his protections under the Federal Railroad Safety Act. The parties conciliated, with Respondent DiGiulio Group New York LLC agreeing to pay Complainant $2,000 in emotional distress damages and to attend trainings on the NYC Human Rights Law. The Respondent landlords agreed to pay the Complainants $10,000, the Respondent agent agreed to pay the Complainants $5,000, and all Respondents agreed to attend anti-discrimination training. The Commissions Law Enforcement Bureau investigated and found that Respondents did not engage Complainant in a discussion of her individual needs for an accommodation. In a Stipulation and Order, Fordham Fulton agreed to activate the electronic door opener and program the door to remain open for a period long enough for individuals with disabilities to enter. After the complaint was filed, Respondents removed the criminal history question from the application. We use cookies and other tracking technologies to: There are different types of cookies and other technologies used our Website, notably: JD Supra Cookies. The landlord Respondents agreed to attend training, change their policies, post notices of rights, and pay $9,000 in civil penalties. That's compared to $1.58 billion in 2020 and $1.34 billion the year before that. Onne agreed to a $55,000 settlement in January 2022. NYC Department of Corrections Settles Case on Gender Identity Discrimination in Public Accommodations for Monetary Damages, Training, Policy Changes, and PostingComplainant, a transgender man and a visitor at Rikers Island, had his visits canceled or limited on three occasions because he was not wearing a bra. Respondents also agreed to provide anti-discrimination training; update their policies to comply with the NYC Human Rights Law; train all customer-facing employees and security guards in conflict-resolution and de-escalation; and provide implicit bias training to managers and supervisors. 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. Pays $10,000 for Source of Income Discrimination, Agrees to Policy Changes and Set AsidesIn a Commission-initiated case against landlord Gatling Realty, the superintendent for Respondents building was alleged to have discriminated against testers posing as prospective renters with housing vouchers. The YMCA of Greater New York also agreed to collect and submit gender identity-related complaints to the Commissions Law Enforcement Bureau for monitoring gender identity-related complaints at 12 NYC-based YMCA locations for six months. After a finding of probable cause by the Commissions Law Enforcement Bureau, Apex Technical School agreed to pay $15,000 in emotional distress damages to Complainant and $10,000 in civil penalties. The EEOC will continue to do what it always has meet new challenges and overcome new obstacles to serve the American people.. In a workplace, "protected activity" is defined as actions workers can engage in without fear of retaliation by employers of supervisors. The store manager gave Complainant an opportunity to provide evidence of rehabilitation, which Complainant did, but he was nevertheless fired because of unsubstantiated concerns about his conviction history. Once approved by PEP, DOE will update trainings on time away and leave to align with the requirements of the NYC Human Rights Law and offer trainings on reasonable accommodations to all administrators. In addition to the set asides, the landlord agreed to policy changes, edits to their rental application, and training on the NYC Human Rights Law. 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. We use the information and data we collect principally in order to provide our Website and Services. info@eeoc.gov Partner Greg Rolen Discusses a Whistleblower Claim at Fremont Union School Districts Board Meeting, #WorkforceWednesday: Whistleblower Risks in an Economic Downturn, Whistleblower Protection Settlement - Employment Law This Week, DE Under 3: Updated EEOC COVID-19 Technical Assistance Guidance, Case Decision & Wage & Hour Division Proposed Rule, #WorkforceWednesday: CA COVID-19 Policies Get Updates, NYC Pay Transparency Law Postponed, DOL Targets Worker Retaliation - Employment Law This Week, Whistleblowers: Don't Drink the Government's Kool-Aid, What Employers Should Know About the Federal Joint Initiative to Reduce Workplace Retaliation, #WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This Week, #WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Bidens Labor Agenda - Employment Law This Week, #WorkforceWednesday: OSHA ETS Moves to the Sixth Circuit, Federal Agencies Join to Combat Workplace Retaliation, NY Increases Employee Protections - Employment Law This Week, Life with GDPR - EU Whistleblower Directive - Part 1, #WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for Virtual World - Employment Law This Week, Carrie Penman on Helpline Data Since the Pandemic, Podcast: Whistleblowing, Retaliation Risks Are On the Rise for Health Care Employers - Diagnosing Health Care, #WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week, #WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week, Compliance Perspectives: Anti-Retaliation Programs, Workplace Violence Rises During COVID-19 - Employment Law This Week, Illegal or ill-mannered? 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 agreement requires the network to hold regular, Commission-approved sexual harassment prevention and bystander intervention training for all its New York City employees, including executives. Published Jan. 7, 2021 Updated Feb. 26, 2021. Solas Bar Pays $2,000 in Emotional Distress Damages, Agrees to Training, Policy Changes, and Postings to Settle a Service Animal CaseComplainant, who utilizes a service animal, filed a complaint alleging that she was denied entry to a bar because of the presence of her service animal. "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 . Respondent Zam Realty also agreed to construct a ramp in Complainants current building if renovations occur, amounting to $10,000 per project. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases. LockA locked padlock Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. Analytics/Performance Cookies. Meanwhile, courts continued to grapple with the parameters of the protections afforded by the whistleblower provisions of the Sarbanes-Oxley, Dodd-Frank and False Claims Acts. Respondents agreed to conciliate for $20,000 in civil penalties, set aside one unit specifically for a tenant with a housing voucher, display the Commission's Notice of Rights, Source of Income FAQ, and Fair Housing posters in all of their buildings and offices within New York City, revise their policies to comply with the NYC Human Rights Laws source of income provisions, and to attend training on their obligations under the NYC Human Rights Law. In settlement of the case, each Complainant was awarded $10,000 in emotional distress damages and $5,000 in civil penalties. Under the 33-month consent decree settling the suit, agreed to by the parties and entered by the court, Koch will pay $165,000 to the former employee and issue her an apology for how she was treated by the company. 1. Equal Employment Opportunity Commission, PO Box 132 Dickinson, ND 58601, EEOC RETALIATION LAWSUIT- $165,000 Settlement, Southwest Area Human Resource Association. The EEOC achieved a successful outcome in 95.8 percent of all district court resolutions. information only on official, secure websites. 2021 was another blockbuster year in the whistleblowing and retaliation arena. The club also agreed to create anti-discrimination policies, conduct anti-discrimination training, and display the Commissions Notice of Rights poster in all their places of business. Housing Co-Op Third Beech Hills Corporation Agrees To Settle Emotional Support Animal Case for $24,000, Training, Policy Changes and PostingsComplainant, a parent and shareholder of a cooperative apartment in Queens, filed a complaint against her co-op after its Board required the submission of invasive medical documentation with her minor daughter's application for an emotional support animal (ESA) as a reasonable accommodation for a disability. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. Douglas Elliman Settles Source of Income Discrimination Case for $20,000, Trainings and PostingsBased on testing, the Commissions Law Enforcement Bureau filed a complaint against Douglas Elliman, alleging that a real estate agent associated with Douglas Ellimans Smith Street office discriminated against a tester posing as a housing voucher holder. Frequently Asked Questions, Agency Secures $439.2 Million in Monetary Benefits for Victims, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data, Retaliation: 37,632 (55.8 percent of all charges filed). A lock ( 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. $1,583,844 verdict and Judgment in June 2014 for a 24-year employee of the County of Los Angeles in an employment retaliation case. The landlord also agreed to pay the moving expenses. Pinnacle Management Settles Disability Discrimination Case For $35,000, Policy Changes, Postings, Trainings and MonitoringBuilding-wide elevator renovations prevented Complainant, a tenant with a disability, from easily accessing the building and his apartment. 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. As a result of the [Conciliation/Settlement], Respondents agreed to pay $5,000 in emotional distress damages to Complainant, and train all of the companies executive officers and general managers who conduct hiring about their NYC Human Rights Law (NYCHRL) obligations. 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 Some of this data is collected through information sent by your web browser. For example, depending on the facts, it could be retaliation if an employer acts because of the employee's EEO activity to: For more information, see Questions and Answers: Enforcement Guidance on Retaliation and Related Issues. SEOUL, South Korea A South Korean court on Friday ordered the Japanese government to pay $91,800 each to 12 Korean women forced into sexual . EEOC recovered just over $106 million for charging parties and other aggrieved individuals through litigation, representing the largest recovery through the EEOCs litigation program in the past 16 years. The Complainant withdrew from the school, citing the harassment he received from classmates after they learned his gender identity. 2601, et seq ., is an important law that allows employees in need to manage personal or family health conditions without worrying about losing . Most individual employment- discrimination lawsuitsincluding harassment and retaliation claimsdo not make it to trial. 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. HeartShare also agreed to create a comprehensive policy regarding assessment of applicants with criminal conviction histories, to provide NYC Human Rights Law training to human resources employees, and to display postings outlining its obligations under the NYC Human Rights Law in a conspicuous place in its office. 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. Respondents agreed to pay $22,000 in emotional distress damages to Complainant and $7,500 in civil penalties to the City of New York. Borough of Manhattan Community College, Part of the City University of New York, Pays $12,500 to Settle a Failure to Accommodate a Disability Complaint and Agrees to Postings and TrainingsComplainant, who has a disability, alleged that Borough of Manhattan Community College (BMCC) failed to accommodate her disability by not providing her Communication Access Realtime Translation (CART) services to be able to fully participate in her classes. The EEO laws prohibit punishing job applicants or employees for asserting their rights to be free from employment discrimination including harassment. The Commission found that Respondent NYC Department of Education (DOE) failed to properly engage in the cooperative dialogue process and retaliated against Complainant. No one dispatched to the automobile accident scene communicated with Complainant because she did not speak English, and assumed that she did not wish to be treated on scene or transferred for treatment.