SETTLEMENTS
The Commission has the authority to assess fines
and obtain cash settlements for those aggrieved by violations
of the NYC Human Rights Law. Additional settlements and provisions
successfully negotiated by the Commission might also include
rehirings, policy changes, and modifications for accessibility.
August 2012
The Commission ordered Respondent landlord to pay Complainant
$7,500 for refusing to accept Complainant’s rental payment
assistance voucher, which was only good for two years. Respondent
landlord will also pay a civil penalty of $5,000 and undergo
anti-discrimination training.
The Commission ordered Respondent employer to pay Complainant
$30,591 for terminating Complainant’s employment while
she was out on medical leave following a complicated pregnancy. Respondent
was also ordered to reinstate Complainant, as well as undergo
anti-discrimination training.
The Commission ordered Respondent employer to pay Complainant
$5,000 for making a discriminatory employment decision based
upon Complainant’s age. Complainant retained her
job, and Respondent employer was also ordered to undergo anti-discrimination
training.
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training.
July 2012
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women. Respondent employer will also
undergo anti-discrimination training.
Pursuant to Conciliation Agreements, the Commission ordered
two separate employers to pay civil penalties of $2,500 each
for posting discriminatory advertisements expressing a preference
for women. Each employer will also undergo anti-discrimination
training.
The Commission ordered Respondent co-op board to provide Complainant,
who has a mobility impairment, with a temporary parking spot
as a reasonable accommodation, as well as move Complainant’s
name to the top of the waiting list for a permanent spot.
June 2012
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training.
As part of a settlement, the Commission ordered Respondent real
estate broker to pay Complainant $10,000 in damages after one
of its employees suggested he could help Complainant find an
apartment if Complainant engaged in a sexual relationship with
him. Respondent was also ordered to pay a civil penalty
of $10,000. Respondent is no longer in business.
May 2012
The Commission ordered Respondent employer to pay Complainant
$27,500 in lost wages and emotional distress damages for failing
to provide Complainant with a reasonable accommodation for
her disability and terminating her employment. Respondent
rehired Complainant and was also ordered to pay a civil penalty
of $20,000 and undergo anti-discrimination training.
The Commission ordered Respondent employer to pay Complainant
$5,000 in emotional distress damages after a supervisor called
Complainant by an offensive name regarding Complainant’s
sexual orientation. Complainant was a seasonal employee
near the end of her assignment. Respondent will also undergo
anti-discrimination training.
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training.
The Commission ordered Respondent employer to pay Complainant
$10,000 in lost wages and emotional distress damages after Complainant
was terminated by Respondent due to an old conviction, which
was unrelated to his job. Complainant immediately found new employment.
Respondent was also ordered to undergo anti-discrimination training.
The Commission ordered Respondent housing provider to pay a
civil penalty of $6,500 for posting a discriminatory advertisement
refusing to accept Section 8 or other voucher applicants, which
was verified by a Commission tester. Respondent must also
undergo anti-discrimination training.
April 2012
The Commission issued a Decision and Order in Politis v. Marine
Terrace et al, wherein it Ordered Respondents to
pay Complainant $75,000 in compensatory damages, a fine to the
city of $125,000 and the installation of a ramp at the Complainant’s
residence. Respondents ignored Complainant’s request for
an accommodation for 4 years, installed video cameras in an attempt
to catch her walking and disregarded the opinion of an architect
they hired who recommended the installation of a ramp in 2008.
In two separate pregnancy discrimination cases, the Commission
ordered Respondent employers to pay $30,000 and $25,000 for terminating
Complainants just before and while on maternity leave. Neither
Complainant wanted to return to Respondents’ employ (one
got a better job and the other decided to cease working). The
damages included lost wages and mental anguish. Both Respondents
are required to train their employees regarding protections afforded
by the New York City Human Rights Law.
The Commission ordered a Restaurant to pay a $10,000 fine to
the city for placing a job advertisement that expressed a preference
for women. This is the second time the same restaurant is being
fined for similar behavior.
The Commission ordered Respondent employer to pay a civil penalty
of $5,000 and damages to Complainant in the amount of $20,000
for lost wages and emotional distress. Complainant was terminated
after he informed a colleague, who was previously terminated,
that the motivation for the termination was the colleague’s
conviction record. All managerial employees at the company will
undergo anti-discrimination training.
The Commission ordered Respondent Coop Board to provide Complainant
with a reasonable accommodation to its “No Pets” policy
by allowing Complainant to keep his emotional support dog.
The Commission ordered Respondent landlord to reimburse Complainant
$9,000, which represents rent payments made by Complainant after
Respondent landlord refused to accept Complainant’s Section
8 voucher. Respondent landlord has since accepted Complainant’s
Section 8 voucher.
March 2012
The Commission issued a Decision and Order in a Commission initiated
case involving a discriminatory posting (i.e., expressing a
preference for female employees) by a restaurant, as well as
discriminating against a Commission Tester. The Commission
adopted the Report and Recommendation of the ALJ at OATH and
ordered a fine of $7,500 and training for all employees.
In two similar cases, the Commission ordered Respondent restaurants
to pay civil penalties of $5,000 and $2,500 for posting discriminatory
advertisements expressing a preference for women and young people.
Each is required to undergo anti-discrimination training. These
were also Commission initiated; however, they were settled pre-trial.
The Commission ordered Respondent employer to pay a civil penalty
of $10,000 and damages to a complainant in the amount of $13,771
for lost wages and emotional distress. Complainant was terminated
after a manager learned he had a conviction record. In a related
case, to be settled shortly, the Complainant’s immediate
supervisor was also terminated for revealing the real motivation
for Complainant’s termination. All managerial employees
at the company will undergo anti-discrimination training.
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training.
The Commission ordered Respondent employer to pay a civil penalty
of $4,000 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training.
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training. The case was initiated through the Commission’s
testing program.
February 2012
The Commission Ordered two restaurants to pay a fine of $2,500
each for posting employment advertisements that expressed a
preference for women. Each restaurant was required to provide
training to their managerial staff regarding non-discriminatory
hiring practices.
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training.
The Commission ordered Respondent landlord to provide Complainant
with a stair lift to accommodate Complainant’s disability.
The Commission ordered Respondent employer to pay Complainant
$7,500 for terminating Complainant’s employment after she
complained of gender discrimination. Respondent immediately offered
to give Complainant her job back, but she refused.
The Commission ordered Respondent restaurant to pay Complainant
$4,000 for prohibiting Complainant from entering the restaurant
with her service animal.
January 2012
On January 9, 2012, the Commission adopted the recommendation
of an Administrative Law Judge employed by OATH and issued
a Decision and Order finding Respondent landlord (River Bay)
liable for failing to accommodate Complainant’s disability
by modifying its no pet policy. In addition to keeping
her comfort animal, Complainant was awarded $50,150 in compensatory
damages. Respondent must also pay a civil penalty of $40,000
to the City of New York. Respondent was previously cited by
HUD for similar violations.
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement expressing
a preference for women, as well as undergo anti-discrimination
training. This case resulted from the Commission’s testing
efforts.
As the result of the Commission’s testing program, the
Commission ordered Respondent employer to pay a civil penalty
of $5,000 for posting a discriminatory advertisement limiting
employment to women, and making discriminatory hiring decisions
based on gender. Respondent must also undergo anti-discrimination
training.
The Commission ordered Respondent employer to pay Complainant
$22,500 for terminating Complainant’s employment after
she complained of discrimination.
The Commission ordered Respondent employer to revise its post
disability return policy, which required employees to return
without restrictions, a violation of the NYCHRL. Respondent
must also pay a civil penalty of $10, 000 and undergo anti-discrimination
training.
The Commission ordered Respondent landlord to provide Complainant,
a person with a disability, an accessible apartment, as well
as make internal modifications to the apartment to accommodate
Complainant’s disability.
December 2011
The Commission ordered Respondent employer to pay a civil penalty
of $5,000 for posting a discriminatory advertisement limiting
employment to women, and making discriminatory hiring decisions
based on gender. Respondent must also undergo anti-discrimination
training.
The Commission ordered Respondent employer to
reinstate Complainant’s employment and pay her $21,556
in back pay after Complainant was terminated due to her association
with a disabled child.
The Commission ordered Respondent employer to
revise its absence control policy, which previously allowed the
employer to penalize employees for medically excused absences.
The Commission ordered Respondent taxi cab driver
to pay Complainant $3,500 for refusing to take Complainant to
her destination due to her race.
The Commission ordered Respondent employer to
pay a civil penalty of $5,000 for posting a discriminatory advertisement
limiting employment to women, and making discriminatory hiring
decisions. The Respondent must also undergo anti-discrimination
training.
The Commission ordered Respondent employer to
pay a civil penalty of $2,500 for posting a discriminatory advertisement
expressing a preference for women, as well as undergo anti-discrimination
training.
After filing a complaint with the Commission
alleging disability discrimination, Complainant privately settled
the matter with Respondent employer for $17,500.
November 2011
On November 21, 2011, the Commission issued a Decision and Order
finding Respondent landlord liable for refusing to rent an
apartment to a Commission tester due to the tester’s
race. Respondent is ordered to pay a civil penalty of $10,000.
The Commission ordered Respondent employer to
pay a civil penalty of $5,000 for posting a discriminatory advertisement
limiting employment to women; and making discriminatory hiring
decisions. The Respondent must also undergo anti-discrimination
training.
The Commission ordered Respondent employer to
pay a civil penalty of $2,500 for posting a discriminatory advertisement
expressing a preference for women, as well as undergo anti-discrimination
training.
After filing a complaint with the Commission
alleging religious discrimination, Complainant privately settled
the matter with Respondent employer for $18,000.
The Commission ordered Respondent employer to
pay Complainant $5,000 for failing to hire Complainant due to
his disability. Respondent employer will also pay a civil penalty
of $5,000 to the City.
The Commission ordered Respondent employer to
pay Complainant $15,000 for failing to engage in the interactive
process concerning Complainant’s disability; resulting
in the termination of her employment. Respondent was also ordered
to undergo anti-discrimination training.
The Commission ordered Respondent employer to
pay a civil penalty of $2,500 for posting a discriminatory advertisement
expressing a preference for women, as well as undergo anti-discrimination
training.
October 2011
The Commission settled a complaint alleging sexual orientation
discrimination and retaliation by respondent employer, who
agreed to pay Complainant $22,472.61 in lost wages and mental
anguish damages.
The Commission ordered Respondent employer to
pay a $5,000 civil penalty to the City of New York for posting
a discriminatory advertisement, limiting employment to women,
which was confirmed by the Commission’s employment testing
program.
September 2011
Justice Mary Ann Bragantti-Hughes, Supreme Court, Bronx County,
denied Riverbay Corp., and Vernon Cooper’s Article 78
petition, Index No. 260832/10, seeking to annul and vacate
the decision of the New York City Commission on Human Rights
in John Rose v. Riverbay Corp. and Vernon Cooper, Complainant
No. 1020824.
The Commission successfully argued before OATH
that Respondent Coop City discriminated against Complainant by
not providing Complainant with a reasonable accommodation for
Complainant’s disability by modifying its no pet policy
and allowing Complainant to keep his/her therapeutic comfort
animal. An Administrative Law Judge issued a Report and Recommendation
awarding Complainant $50,000 in emotional distress damages and
a civil penalty of $40,000 to the City. The Commission has not
yet issued a final Decision and Order on the case.
The Commission settled a case involving a sanitation
supervisor who made racially insensitive comments to a subordinate
employee. The employee complained to the Department of Sanitation
and the supervisor was suspended and transferred. Thereafter,
it is alleged that other supervisors retaliated by giving the
employee unwarranted write-ups. The employee got $20,000 in damages.
August 2011
The Commission ordered Respondent landlord to install a chairlift
in the lobby of Complainant’s building to accommodate
his disability by providing Complainant with full, equal and
un-segregated access.
The Commission ordered Respondent employer to
pay Complainant $20,000 for failing to take corrective action
after Complainant made a complaint of sexual harassment against
her supervisor. Respondent employer must also provide training
to its managerial staff regarding the NYC Human Rights Law and
the prevention of discrimination.
The Commission ordered Respondent employer to
pay Complainant $15,000 for failing to provide Complainant with
a reasonable accommodation, which would have allowed Complainant
to perform the essential functions of his job. Respondent
employer also was ordered to pay a civil penalty of $10,000 and
provide anti-discrimination training to its managerial staff.
The Commission ordered Respondent bar to pay
Complainants $4,500 and $5,000, respectively. Each Complainant
was denied access to Respondent bar because of their mobility
impairment. Respondent bar also was ordered to provide
training to its staff regarding the NYC Human Rights Law.
The Commission ordered Respondent employer to
pay Complainant $55,000 for retaliating against Complainant after
she made a complaint of discrimination.
The Commission ordered Respondent restaurant
to pay a civil penalty of $5,000 for utilizing discriminatory
hiring practices, i.e., an advertisement expressing a preference
for women, which the Commission confirmed pursuant to its testing
program.
The Commission ordered Respondent bed and breakfast,
a housing accommodation, to pay a civil penalty of $4,900 for
publishing a discriminatory advertisement refusing to lodge and
accommodate families with children. Respondent was also
ordered to change its policy in order to accommodate families
with children.
July 2011
Justice Michael D. Stallman, Supreme Court, New York County,
denied and dismissed Vera Givens’ Article 78 petition
against Commissioner Patricia L. Gatling, Commission on Human
Rights, and the New York City Department of Correction, seeking
to annul the Commission’s No Probable Cause determination
issued January 18, 2011.
After a hearing at OATH, Administrative Law Judge
Alessandra F. Zorgniotti issued a Report and Recommendation finding
Respondent, a place and/or provider of a public accommodation,
liable for race base discrimination and recommending Complainant
receive $7,500 in emotional distress damages and the City receive
a civil penalty of $15,000.
Pursuant to a conciliation agreement, the Commission
ordered Respondent employer to reinstate Complainant to his former
position, bridge his service as if he was never terminated, and
pay Complainant $189,000, in back pay.
The Commission ordered Respondent co-op board
to allow Complainant to transfer his deceased partner’s
shares to himself, as indicated in his partner’s will,
and resume occupancy of the apartment.
After a hearing at Oath, the Commission ordered
Respondent employer to pay Complainant $13,740 for wrongful termination,
as well as a $5,000 fine to the City.
June 2011
The Commission ordered Respondent employer to pay a civil penalty
of $6,500 for posting a discriminatory advertisement limiting
employment opportunities to men, as well as train its managerial
staff on applicable city, state and federal anti-discrimination
laws.
The Commission ordered Respondent restaurant
to pay Complainant $4,000 for refusing to allow Complainant to
enter the restaurant with her service animal.
The Commission ordered Respondent employer to
pay a civil penalty of $5,000 for posting a discriminatory advertisement
limiting employment opportunities to women.
The Commission ordered Respondent, a postsecondary
academic institution, to compensate Complainant $45,000, for
failing to accommodate Complainant’s disability.
May 2011
The Commission ordered Respondent employer to rehire Complainant
after Complainant was summarily terminated due to a prior criminal
conviction, which was unrelated to Complainant’s current
position or duties. Respondent employer also was ordered
to pay Complainant $5,475 in back pay.
After a hearing at OATH, the Commission ordered
Respondent landlord to pay a civil penalty of $20,000 for refusing
to accept Section 8 applicants as tenants.
The Commission ordered Respondent employer to
hire Complainant at an annual salary of approximately $70,000,
after Respondent employer summarily rejected Complainant’s
employment application due strictly to a prior criminal conviction.
The Commission ordered Respondent landlord to
reimburse Complainant $18,249.04, for failure to accept Complainant’s
Section 8 voucher in a timely fashion, as well as provide Complainant
with a two year prospective rent abatement of $819.90 per month.
April 2011
The Commission ordered Respondent employer to pay Complainant
$7,500 for refusing to hire Complainant due to his disability.
After trial, an ALJ employed by OATH issued a
Report and Recommendation suggesting that the Commission order
Respondent to pay Complainant $20,360 in compensatory damages,
as well as impose a civil penalty of $15,000. The Respondent
security company refused to allow Complainant to enter a building
with his service animal and an employee of the company publicly
ridiculed Complainant about his disability.
The Commission ordered Respondent employer to
pay Complainant $7,500 for terminating Complainant’s employment
due to her disability.
March 2011
The Commission ordered Respondent employer to pay a civil penalty
of $2,500 for posting a discriminatory advertisement on Craig’s
List limiting employment opportunities to women.
The Commission ordered Respondent landlord to
reimburse Complainant $2,894 in rent payments for failure to
accept Complainant’s Section 8 voucher in a timely fashion.
The Commission ordered Respondent landlord to
pay a civil penalty of $5,000 for summarily refusing to consider
a Commission tester’s rental application after the tester
indicated he was a Section 8 recipient.
The Commission ordered Respondent
employer to pay Complainant $20,000 for terminating Complainant’s
employment solely because of a prior criminal conviction. Respondent
employer was also ordered to pay a civil penalty of $25,000.
The Commission ordered Respondent employer to pay Complainant
$12,000 in compensatory damages for terminating Complainant’s
employment due to her pregnancy. Respondent employer was
also ordered to pay a civil penalty of $10,000.
February 2011
The Commission ordered Respondent Coop Board to allow Complainant
to install a separate air conditioning system in his apartment,
as well as an individual washer and dryer, to accommodate Complainant's
disability.
The Commission settled allegations of discriminatory
hiring practices, based on gender, against a Williamsburg restaurant
for a $5,000 civil penalty to be paid to the City. The restaurant
advertised, expressing a preference for females, and appeared
to discriminate against the Commission's testers based on their
gender.
The Commission settled a lawful source of income
discrimination case for approximately $10,000 representing the
amount of rent the government would have paid had the landlord
accepted and processed Complainant's application in a timely
fashion.
The Commission obtained a civil penalty in the
amount of $2,250 from a hair salon that was charging different
prices for men and women.
All of the above settlements required training
and policy changes.
During this reporting period the Commission litigated
a case against a security company that prevented a disabled individual
from entering a building with his service animal. The Commission
is awaiting the Administrative Law Judge's Report and Recommendation.
During this reporting period the Commission issued
a Decision and Order directing a landlord to pay a bi-racial
lesbian couple $51,500 in damages. The Commission also Ordered
a $20,000 civil penalty.
January 2011
The Commission ordered Respondent employer to pay Complainant
$6,000 in emotional distress damages for refusing to hire Complainant
due to his national origin.
For failure to accept Complainant's Section 8
voucher in a timely fashion, prior to the termination of the
NYCHA program in December 2009, the Commission ordered Respondent
landlord to reimburse Complainant $9,000 in rent, as well as
provide Complainant with a rent abatement of $600 per month for
the next 24 months. The entire settlement is worth $23,400.
The Commission ordered Respondent employer to
pay a civil penalty of $5,000 for utilizing discriminatory hiring
practices, expressing a preference for women.
The Commission ordered Respondent Coop Board,
the owners and managers of an HDFC building ("subject premises"),
to allow the Mayor's Office for People with Disabilities to provide
access to the subject premises by installing a chair lift for
the benefit of Complainant, who is disabled by cerebral palsy.
The chair lift, as well as the work to be done on the subject
premises in preparation for installation, is valued at $134,905.
December 2010
The Commission ordered Respondent employer to pay Complainant
$15,000 for terminating Complainant after he complained of
sexual harassment. Complainant immediately found new employment
making more money. The Commission also ordered Respondent employer
to provide anti-discrimination training to its supervisory
staff.
The Commission ordered Respondent landlord to
pay Complainants, an unmarried couple, $10,000 for refusing to
rent them an apartment due to their marital status. In addition,
Respondent landlord will pay the City of New York a civil penalty
of $5,000.
The Commission ordered Respondent employer to
pay Complainant $40,000 in lost wages and emotional distress
damages after Respondent employer failed to hire Complainant
due to her religion and her inability to work on the Sabbath.
November 2010
The Commission ordered Respondent employer to pay Complainant
$15,000 in emotional distress damages for subjecting Complainant
to a sexually charged environment. Complainant quit and immediately
found new employment; therefore, there was no possibility of
damages for lost wages. In addition, Respondent employer will
pay a civil penalty of $5,000 and conduct anti-discrimination
training for its employees.
The Commission ordered Respondent employer to
pay Complainant $30,000 in lost wages and emotional distress
damages for terminating Complainant after she called in sick.
The Commission also ordered Respondent employer to provide anti-discrimination
training to its supervisory staff.
October 2010
Pursuant to a conciliation agreement, the Commission ordered
Respondent employer to pay Complainant $17,700 in compensatory
damages for terminating her employment due to her race, creed
and national origin.
The Commission ordered Respondent restaurant
to pay a civil penalty of $10,000 for utilizing discriminatory
hiring practices based on gender.
The Commission ordered Respondent employer to
pay Complainant $6,302.48 in emotional distress damages and back
pay, as well as requiring an increase in her salary she would
have received but for the illegal discipline resulting from her
disability.
The Commission ordered Respondent Taxi Cab driver
to pay Complainant $2,000 for refusing to accept Complainant
as a passenger because of his association with a person of color.
The Commission ordered Respondent Beauty Salon,
a provider of a public accommodation, to pay Complainant $7,500
for refusing her services because of her disability. Complainant
is elderly and ambulates with the use of aids, i.e., a walker
or wheel chair.
The Commission ordered Respondent employer to
pay Complainant $15,000 for terminating her employment because
of her disability.
The Commission ordered Respondent employer to
pay a civil penalty of $5,000 for utilizing discriminatory hiring
practices.
September 2010
The Commission ordered Respondent landlord to install a ramp
to allow Complaint, a wheel chair user, independent access
to and from his apartment building.
The Commission ordered Respondent landlord to
cease eviction proceedings against Complainant, who is disabled
by a psychological impairment and requires a comfort animal to
alleviate the symptoms of his illness. Respondent landlord will
also pay Complainant $5,000 in emotional distress damages for
failing to provide Complainant with a reasonable accommodation
in a timely manner.
After a settlement conference at OATH, Respondent
landlord agreed to accept Complainant's Section 8 voucher and
reimburse Complainant $6,363.00, which represents Complainant's
portion of the rent he would not have had to pay if Respondent
landlord had initially accepted his voucher months earlier.
The Commission ordered two restaurants to pay
a civil penalty of $5,000 each for utilizing discriminatory hiring
practices by limiting employment to women.
August 2010
The Commission obtained $15,000 in damages on behalf of an employee
who alleged disability discrimination by his employer. Respondent
employer also agreed to provide anti-discrimination training
to its supervisory staff.
The Commission ordered Respondent landlord to
install three remote-control operated doors to allow Complaint,
a wheel chair user, independent access to and from the building.
The Commission ordered Respondent landlord to
remove 18 year-old carpeting in Complainant's apartment, which
exacerbates her respiratory ailments. Respondent agreed to install
new vinyl flooring.
July 2010
The Commission obtained $11,500 in damages on behalf of an employee
who alleged disability discrimination by his employer. Respondent
employer also agreed to provide anti-discrimination training
to its supervisory staff.
The Commission ordered Respondent landlord to
move Complaint, who has trouble ambulating, to a ground floor
apartment.
The Commission obtained $5,000 in damages against
Respondent dentist for refusing to provide services to Complainant,
who is disabled and uses a motorized scooter to ambulate.
After a pre-trial conference at OATH, Respondent
landlord agreed to enter into a conciliation agreement whereby
it would install a platform lift in the main lobby of the building
in order to provide Complainant with independent access to the
subject premises.
June 2010
After Complainant teacher filed a disability discrimination complaint
with the Commission, Respondent employer agreed to reinstate
Complainant and pay him $35,000 in lost wages.
Respondent employer agreed to pay Complainant
$17,000 in lost wages and emotional distress damages after forcing
her to take early maternity leave. Respondent employer also agreed
to provide anti-discrimination training to its supervisory staff.
After Complainant filed a case with the Commission,
Respondent landlord agreed to accept Complaint's Section 8 housing
voucher, as well as reimburse Complaint $3,170.75, the portion
of Complainant's rent she would not have been obligated to pay
if the landlord had initially accepted her Section 8 voucher.
May 2010
Respondent restaurant agreed to pay Complainant $5,000 for forcing
her to leave its business due to her pregnancy. Respondent
restaurant feared Complainant, who was 7 months pregnant at
the time, would fall and sue. Respondent restaurant will also
pay a civil penalty of $5,000 to the City.
Respondent employer agreed to pay Complainant
$30,000 for terminating her employment after she called in sick
on the day she was scheduled to return to work following a surgical
procedure, for which she was granted leave.
Respondent landlord agreed to install a ramp
at the main entrance to Complainant's building. Complainant ambulates
by wheelchair.
After filing a case with the Commission alleging
race discrimination and retaliation, Complainant privately settled
the matter with Respondents for $26,838.
Respondent employer agreed
to pay Complainant $58,000 for withdrawing an offer of employment
strictly due to Complainant's arrest record. In addition, Respondent
employer will pay a civil penalty of $20,000
April 2010
The Commission obtained a $5,000 civil penalty from Respondent
employer for terminating Complainant’s employment due
to his disability. Respondent employer also agreed to
pay the Complainant, who within days found new employment,
$1,000 in damages.
After Complainant filed a case with the Commission
alleging sexual harassment, Respondent employer agreed to pay
Complainant $20,000 for the inappropriate conduct of Complainant’s
former supervisor, who had a longstanding personal relationship
with Complainant. Respondent employer also terminated the
offending supervisor. Due to the personal relationship
between Complainant and her former supervisor, as well as the
swift action taken by Respondent employer, the Commission does
not believe it is necessary to pursue the matter further.
Respondent landlord agreed to accept Complaint’s
HPD Section 8 housing voucher, as well as reimburse Complaint
the projected HPD portion of the rent from January 1, 2010 to
the date HPD begins making Section 8 payments.
After Complainant filed a disability discrimination
complaint with the Commission, Respondent employer agreed to
pay Complainant, a seasonal employee, $6,613.00, which represents
the remainder of Complainant’s salary for the period in
question.
After filing a complaint with the Commission
alleging religious discrimination and retaliatory discharge,
Complainant privately settled the matter with Respondent employer
for $375,000.
March 2010
Respondent employer agreed to pay Complainant $16,000 in emotional
distress damages for terminating her employment because of
her pregnancy. Complainant was not entitled to lost wages.
The complaint was settled through mediation.
Pursuant to a Commission initiated complaint,
Respondent employer agreed to pay a civil penalty of $5,000 for
posting a discriminatory advertisement limiting prospective applicants
based on gender.
Respondent landlord agreed to install an entrance/exit
ramp to accommodate Complainant, a disabled tenant with mobility
problems.
Pursuant to a Commission initiated complaint
that resulted from its housing discrimination testing, Respondent
landlord agreed to pay a civil penalty of $5,000 for refusing
to accept Section 8 recipients as tenants.
The Commission obtained $1,000 in emotional distress
damages and a $5,000 civil penalty from an employer who summarily
refused to consider Complainant for employment due to a prior
conviction. The employer, who was not aware of what crime the
Complainant was convicted, had a blanket policy against employing
anyone with a conviction record. Ironically, had the employer
done the requisite analysis under Article 23 of the New York
State Correction Law, he would have been justified in denying
the Complainant the job (explaining the small amount of damages
to the Complainant).
February 2010
The Commission required Respondent employer to rehire Complainant,
who initially filed a complaint alleging disparate treatment,
which was subsequently amended to include retaliation after
she was discharged. In addition, Complainant was reimbursed
$48,000 in lost wages.
Pursuant to a Commission conciliation agreement,
Respondent landlord agreed to give Complainant a one-year rent
credit based upon her discriminatory refusal of his Section 8
voucher. The settlement amount represents the money Complainant
over-paid from the point that he requested that the Respondent
accept his voucher to the point that the housing group ceased
funding the voucher.
January 2010
Pursuant to a Commission conciliation agreement, Respondent employer
agreed to rehire Complainant, who was illegally discharged
due to a prior criminal conviction, and compensate Complainant
in the amount of $5,265.94, which represents lost wages and
emotional distress damages. Respondent employer also agreed
to provide its managerial staff with anti-discrimination training.
Pursuant to a Commission conciliation agreement,
Respondent landlord agreed to install a ramp to accommodate Complainant's
disability and provide independent access.
Two separate restaurants agreed to pay a civil
penalty in the amount of $5,000 each for posting discriminatory
advertisements based on gender, as well as discriminatory hiring
practices that were confirmed by the Commission's employment
testing program. Each restaurant also agreed to provide its staff
with anti-discrimination training.
Respondent employer agreed to compensate Complainant
in the amount of $7,500 for the gender based discriminatory actions
of her supervisor. After Respondent's internal investigation,
the supervisor was disciplined and ordered to attend training.
Pursuant to a Commission conciliation agreement,
Respondent employer agreed to pay Complainant $10,000 for their
failure to engage her in the interactive process after she informed
that she was pregnant and that the pregnancy was high-risk.
Pursuant to a Commission intervention, Respondent
landlord agreed to accept Complainant's Section 8 voucher. The
housing group has since commenced payments under the voucher
program.
December 2009
The Commission obtained $15,000 for a Complainant who was terminated
during a maternity leave. Respondent employer never replaced
Complainant and subsequently closed its practice.
Pursuant to a Commission conciliation agreement,
Respondent employer agreed to pay Complainant $2,000 for terminating
her employment shortly after she gave notice that she was pregnant.
Complainant did not intend to return to work after the birth
of her child. The Commission, however, also fined Respondent
employer $5,000 for violating the NYC Human Rights Law. Respondent
employer also agreed to provide anti-discrimination employment
training to its hiring and managerial staff.
Pursuant to a Commission conciliation agreement,
Respondent employer agree to pay Complainant $5,000 for terminating
her employment shortly after she complained of discrimination.
Respondent employer also agreed to provide anti-discrimination
employment training to its hiring and managerial staff.
November 2009
Pursuant to a Commission conciliation agreement, Respondent landlord
agreed to accept Complainant's Section 8 voucher, as well as
provide Complainant with a rent credit totaling four months,
which represents Complainant's portion of the rent she would
not have had to pay if Respondent landlord had initially accepted
her voucher.
The Commission obtained $6,500 from Respondent
food retailer for prohibiting Complainant, who is visually impaired,
from entering Respondent's store with her guide dog.
The Commission obtained $15,000 from Respondent
employer for disciplining Complainant each time she was out sick
to due a complicated pregnancy. Respondent employer also agreed
to train its staff regarding local, state, and federal anti-discrimination
laws.
October 2009
Respondent restaurant agreed to pay a civil penalty of $5,000
for posting a discriminatory advertisement limiting employment
to women, which was confirmed through an employment test conducted
by Commission employees. Respondent further agreed to train
its staff regarding local, state and federal anti-discrimination
law.
After mediation, the Commission obtained $5,100
from Respondent nursing school program for canceling a Complainant's
enrollment due to her disability. Complainant did not want to
return to the program.
Pursuant to the Commission's employment testing
program, Respondent restaurant agreed to pay a civil penalty
of $10,000 for posting a discriminatory advertisement limiting
employment to women, which was confirmed through an employment
test conducted by Commission employees.
The Commission obtained $7,000 from Respondent
employer for failing to grant Complainant's request for a religious
observance, and subsequently terminating her employment after
one week of work. Complainant found new employment shortly thereafter
and refused to consider returning to Respondent employer.
September 2009
The Commission obtained $22,000 from Respondent employer for
terminating Complainant's employment due, in part, to his mental
disability. Complainant found new employment and did not want
to return to work for Respondent employer.
The Commission obtained $48,000 from Respondent
employer for terminating Complainant's employment after learning
Complainant planned to file a sexual harassment discrimination
complaint.
August 2009
The Commission obtained $10,000 in damages from Respondents who
own and manage rental property, for constructively evicting
Complainant from her apartment after seeing her five bi-racial
children.
Pursuant to a Commission settlement agreement,
Respondent landlord will accept Complainant's Section 8 voucher
as a lawful source of income and reimburse Complainant approximately
$6,055.00, which represents the projected amount Complainant
would not have had to pay if Respondent had accepted Complainant's
Section 8 voucher when it was originally presented.
Pursuant to a Commission settlement agreement,
Respondent landlord will accept Complainant's Section 8 voucher
as a lawful source of income and reimburse Complainant approximately
$7,175.00, which represents the projected amount Complainant
would not have had to pay if Respondent had accepted Complainant's
Section 8 voucher when it was originally presented.
The Commission obtained $5,000 on behalf of a
Complainant who alleged Respondent employer fostered a hostile
work environment based on gender. In addition, Respondent employer
agreed to provide training to its staff concerning local, state
and federal anti-discrimination laws.
July 2009
After a mediation conference held at the Commission, Respondent
employer and Complainant agreed to privately settle a disability
discrimination complaint for $60,000.
Pursuant to a Commission initiated investigation
against Respondent realty company, which posted a discriminatory
advertisement stating "No Programs Accepted," Respondent
agreed to pay a fine of $5,000 to the City of New York, in addition
to training its staff on federal, state, and local anti-discrimination
laws.
Pursuant to a Commission initiated investigation
against Respondent restaurant, which posted a discriminatory
advertisement seeking "hostess and phone girl," Respondent
agreed to pay a fine of $4,000 to the City of New York, in addition
to training its staff on federal, state, and local anti-discrimination
laws.
Pursuant to a Commission initiated investigation
against Respondent restaurant, which posted a discriminatory
advertisement seeking "female hostesses," Respondent
agreed to pay a fine of $5,000 to the City of New York, in addition
to training its staff on federal, state, and local anti-discrimination
laws.
Pursuant to a Commission initiated investigation
against Respondent restaurant, which posted a discriminatory
advertisement seeking "Brazilian female bartender" and "Brazilian
waitresses," Respondent agreed to pay a fine of $5,000 to
the City of New York, in addition to training its staff on federal,
state, and local anti-discrimination laws.
The Commission obtained $6,338.39 on behalf of
Complainant, who was summarily denied employment by Respondent
employer due to a prior criminal conviction.
June 2009
The Commission obtained $12,000 in damages on behalf of a complainant
who was fired after complaining of sexual harassment. Respondent
employer also agreed to train its staff on applicable federal,
state, and local anti-discrimination laws.
Pursuant to a Commission initiated investigation
against Respondent wine bar for posting a discriminatory advertisement
seeking "Experienced Waitresses," Respondent agreed
to pay a fine of $5,000 to the City of New York, in addition
to training its staff on federal, state, and local anti-discrimination
laws.
Pursuant to a Commission initiated investigation
against Respondent restaurant for posting a discriminatory advertisement
based on gender, Respondent agreed to pay a fine of $5,000 to
the City of New York, in addition to training its staff on federal,
state, and local anti-discrimination laws.
The Commission obtained $2,500, as a civil penalty,
from Respondent real estate agency for posting the discriminatory
advertisement, "No Government Programs."
The Commission obtained $5,500 in damages from
Respondent employer for summarily terminating Complainant's employment
after learning of his conviction record.
The Commission obtained $14,000 in damages from
Respondent employers for terminating Complainant's employment
after learning she was pregnant.
The Commission obtained $10,000 in damages and
a $5,000 fine from Respondent physician for refusing to accommodate
Complainant, a hearing impaired patient, by providing a sign
language interpreter.
May 2009
The Commission obtained $5,000, as a civil penalty, from Respondent
employer for posting a discriminatory advertisement stating
a limitation based on gender. Respondent also agreed to provide
training to its staff regarding the prevention of discrimination
against persons based on their membership in a protected class.
The Commission obtained $5,500 in emotional distress
damages from Respondent employer for failing to engage Complainant,
a pregnant woman, in the interactive process concerning a reasonable
accommodation for her disability. Complainant and thirty others
were ultimately laid off as part of a downsizing due to the economy.
The Commission obtained $10,000 in civil penalties
from two restaurants, $5,000 each, for posting discriminatory
advertisements stating a limitation based on gender. Each restaurant
also agreed to provide training to their staff regarding the
prevention of discrimination against persons based on their membership
in a protected class.
The Commission obtained $5,000 in civil penalties
from a restaurant for utilizing age based discriminatory hiring
practices. The restaurant also agreed to provide training to
its staff regarding the prevention of discrimination against
persons based on their membership in a protected class.
After a settlement conference at OATH, Respondent
storeowner agreed to pay Complainant, an autistic minor, $5,000
for expelling Complainant from the store due to his disability.
April 2009
As the result of a Commission initiated investigation against
Respondent restaurant, which posted a discriminatory advertisement
seeking "high energy female waitresses," Respondent
agreed to pay a fine of $5,000 to the City of New York, in
addition to training its staff on federal, state, and local
anti-discrimination laws.
Pursuant to a Commission initiated investigation
against Respondent realty, which posted a discriminatory advertisement
proscribing Section 8 vouchers and other rental assistance programs,
Respondent agreed to pay a fine of $5,000 to the City of New
York.
The Commission obtained $15,000 on behalf of
a Complainant who alleged race base discrimination by his supervisor.
Respondent company also provided the Commission with proof that
the supervisor no longer works at the company and that its employees
receive anti-discrimination training.
The Commission obtained $27,000 on behalf of
a Complainant who alleged age and disability discrimination after
being terminated by Respondent while out on medical leave.
The Commission obtained a $5,000 fine on behalf
of the City against a Respondent housing provider for posting
an illegal advertisement refusing to accept Section 8 vouchers.
The Commission obtained $3,000 on behalf of a
blind Complainant who was denied access, due to her service animal,
to a retail store. Respondent store also agreed to provide training
to its staff regarding public accommodation discrimination.
Pursuant to a settlement conference held at OATH,
Respondent landlord agreed to accept Complainant's Section 8
voucher and reimburse Complainant $3,786.84, which represents
Complainant's portion of the rent she would not have had to pay
if Respondent landlord had initially accepted her Section 8 voucher
months earlier.
March 2009
The Commission obtained $15,000 on behalf of a Complainant who
alleged age discrimination after being terminated by Respondent
employer for failing to follow company procedure for cash handling.
The Commission obtained $5,000 on behalf of a
Complainant who was terminated by Respondent employer one day
after she called the police to her workplace to complain of discrimination.
The Commission obtained a total of $10,000 in
civil penalties from two restaurants, $5,000 each, for posting
discriminatory advertisements stating a limitation based on gender.
Each restaurant also agreed not to post discriminatory advertisements
in the future and not to engage in discriminatory hiring practices.
February
2009
The Commission obtained $6,000 on behalf
of a Complainant who was terminated by Respondent employer after
she arrived late to work from a documented medical appointment.
Respondent employer also agreed to reinstate Complainant, as
well as provide training to its staff regarding discrimination.
After filing a Commission initiated complaint
against Respondent real estate agency for posting a discriminatory
advertisement refusing to accept Section 8 vouchers, Respondent
agreed to pay a $4,000 civil penalty to the City.
The Commission obtained $13,000 on behalf of
a Complainant who was terminated by Respondent employer days
after complaining of discrimination.
The Commission obtained $2,500 on behalf of a
Complainant who was refused an apartment after Respondent landlord
learned that Complainant was the recipient of a HIV/AIDS Service
Administration (HASA) voucher. In addition, Respondent will pay
$5,000 to the City as a civil penalty.
The Commission obtained $7,500 on behalf of a Complainant who
was terminated by Respondent employer after complaining of discrimination.
Pursuant to negotiations between the Commission
and Respondent landlord, Respondent agreed to construct an access
ramp to accommodate Complainant, a wheelchair user. Respondent
estimates the ramp will cost $35,000-40,000.
The Commission obtained $37,500 on behalf of
a Complainant who was terminated by Respondent employer after
his FMLA leave expired. Respondent argued that it did not have
to keep Complainant’s position open past his FMLA leave
period, despite the fact that Complainant provided medical documentation
seeking an extension.
After filing a complaint with the Commission
alleging religious discrimination, Complainant privately settled
the matter with Respondent for $16,000.
The Commission obtained $30,000 on behalf of
a Complainant who was terminated by Respondent employer, an employment
agency, due to his conviction record.
January 2009
The Commission obtained $10,000 on behalf
of a Complainant who was allegedly terminated due to her disability.
The settlement reflects lost wages and accrued vacation pay for
approximately six months.
The Commission obtained $15,000 on behalf of
a Complainant who was terminated by Respondent employer after
being involved in a car accident. The settlement reflects lost
wages and accrued vacation pay for approximately six months.
Complainant, who is legally blind and uses the
services of a guide dog to ambulate, was denied entrance into
Respondent restaurant. After filing a case with the Commission
alleging disability discrimination, Complainant, who is an attorney,
privately settled the matter for $25,000 with Respondent restaurant.
The Commission obtained $7,500 on behalf of a
Complainant who alleged retaliatory termination after complaining
of inappropriate race related language in the workplace. Respondent
employer also agreed to establish policies and procedures to
report discrimination, which will be posted throughout the workplace.
This case was settled as the result of mediation, saving the
expense of litigation.
The Commission obtained $7,000 on behalf of a
Complainant who alleged workplace discrimination due to his mental
disability. Respondents terminated Complainant for cause; however,
as part of the settlement they agreed to provide Complainant
with a neutral letter of reference.
After filing a case with the Commission alleging
marital status discrimination, Complainant privately settled
the matter for $4,000 with Respondent realty company.
December 2008
Pursuant to a conciliation agreement, Respondent
sports club, located in Manhattan, agreed to construct a fully
accessible bathroom with shower stall to accommodate people with
disabilities. The estimated cost of the construction is in excess
of $75,000.
As the result of a Commission initiated complaint,
a restaurant that posted a discriminatory advertisement seeking “Female
Hostess,” agreed to pay a fine of $4,000 to the City of
New York.
A complainant, who filed a complaint with the
Commission alleging sexual harassment discrimination, privately
settled the matter with her employer for $10,000. Based on the
complainant’s request, the Commission closed its investigation.
November 2008
The Commission obtained $5,000 on behalf
of a Complainant who alleged that his employer failed to promote
him on two occasions. The Commission also secured a neutral letter
of reference for Complainant from Respondent employer.
After filing her case with the Commission alleging
disability discrimination (pregnancy), Complainant requested
that the Commission withdraw her complaint because she privately
settled the matter with Respondent employer for $5,000.
The Commission obtained $5,000 on behalf of a
Complainant who was denied services at a nail salon because she
has psoriasis, a non-contagious skin condition on her legs and
arms, but not her hands. Respondent employees ridiculed and humiliated
Complainant in front of other patrons.
The Commission assisted a disabled Complainant
against her landlord. Complainant wanted to move from her third
floor apartment to a ground floor apartment. Respondent landlord
ultimately allowed Complainant to swap her third floor rent stabilized
apartment for a ground floor rent stabilized without any increase
in rent.
Pursuant to a Commission
initiated investigation against Respondent restaurant, which
posted the discriminatory advertisement "Hostess Positions
Available," Respondent restaurant agreed to pay a fine
of $5,000 to the City of New York.
October 2008
The Commission obtained $9,400 on behalf of a Complainant who
was summarily denied employment by Respondent employer because
of Complainant's conviction record.
The Commission obtained $1,000 in damages on behalf of a blind
Complainant who was denied entrance into a chain food establishment
while accompanied by a service animal. Respondent also agreed
to distribute a policy statement to all their establishments
located within New York City explaining the rights of disabled
people to be accompanied by service animals within places of
public accommodation. The respondent also agreed to pay the City
a $5,000 fine.
The Commission negotiated a $100,000 settlement on behalf of
a Complainant who was wrongfully discharged from her employment
due to a mental disability.
The Commission negotiated $10,000 settlement on behalf of a Complainant
who was terminated due to her national origin and race. Respondent
employer also agreed to change Complainant's termination to a
resignation.
The Commission obtained a $6,000 on behalf of a Complainant who
was summarily denied employment by Respondent employer because
of Complainant's conviction record.
Pursuant to a settlement conference at OATH, Respondent landlord
agreed to built a handicap accessible entrance and exit ramp
to accommodate Complainant, as well as pay Complainant $10,000
in compensatory damages.
September 2008
Pursuant to a settlement at OATH, the Commission
obtained $5,000 on behalf of a Complainant who alleged gender
and age discrimination.
The Commission obtained a $5,000 fine against
an employer, as well as $380.00 in compensatory damages for the
Complainant, for summarily discharging Complainant, a temporary
employee, because of his conviction record.
Pursuant to a Commission initiated investigation,
the Commission obtained a $5,000 fine from Respondent landlord
for placing a discriminatory advertisement on a web listing service,
excluding children.
The Commission filed a case on behalf of a Complainant
who was allegedly not hired, by Respondent, due to his conviction
record. Complainant withdrew the compliant after securing
a $13,000 settlement from Respondent.
The Commission successfully prosecuted an age
discrimination case, at OATH, on behalf of a senior citizen who
was summarily denied employment, by Respondent, due to her age
and gender. After the trial, the Administrative Law Judge
ordered Respondent to pay Complainant $640 in lost wages and
a $1,000 fine to the City.
August 2008
The Commission obtained $7,500 on behalf of a Complainant who
was refused employment due to his national origin.
The Commission filed a case on behalf of a male
who alleged that he was terminated due to a prior conviction.
Complainant withdrew the compliant after securing a $20,000 settlement.
The Commission obtained $11,000 on behalf of
a disabled complainant who was denied access into a doctor's
office located in a cooperative apartment building and was physically
removed from the lobby by the building's doorman.
The Commission successfully represented four
disabled complainants against a respondent landlord, who agreed
to construct multiple access ways into the subject building,
as well as a covered waiting area.
July 2008
The Commission obtained a $9,000 fine from a restaurant
that utilized illegal gender based hiring practices, i.e., refusing
to hire servers who are not female. The complaint was initiated
as part of our employment-testing program.
The Commission successfully intervened on behalf
of a complainant who was summarily denied employment because
of her conviction record. A Commission attorney called the prospective
employer who subsequently hired the woman at a salary of $63,000,
plus $5,000 starting bonus.
After an OATH settlement conference, the Commission
obtained $8,800 on behalf of a complainant who alleged that he
was denied employment because of a prior criminal conviction.
Respondent company also agreed to pay the City a fine of $11,200
for violating the Human Rights Law.
The Commission obtained $15,000 on behalf of
complainant who was fired after complaining of discrimination.
The Commission obtained $20,000 on behalf of
another complainant who was refused employment solely because
of the complainant’s criminal conviction record. Complainant
received $8,800 in compensatory damages, and the City received
a fine in the amount of $11,200.
The Commission obtained $15,000 on behalf of
a complainant who was terminated by respondent shortly after
complaining of national origin discrimination.
June 2008
The Commission negotiated for a new apartment on behalf of a
disabled veteran whose building was inaccessible. Respondents,
who own several buildings in the area, agreed to move Complainant
to an accessible building in the same neighborhood, provide complainant
with a completely refurbished handicap accessible apartment,
pay all costs associated with the move and freeze Complainant’s
rent for the remainder of his life. The settlement value
is estimated to be in excess of $40,000.
The Commission obtained $6,000 on behalf of a
complainant who was retaliated against after opposing discriminatory
behavior at his place of employment. This case was settled through
mediation avoiding the cost of litigation.
Pursuant to a Commission initiated investigation,
the Commission obtained $5,000 fine from a restaurant for placing
a discriminatory advertisement on the web, which expressed a
preference for a certain nationality.
May 2008
Pursuant to a settlement conference held at OATH, after a finding
of probable cause, the Commission obtained $15,000 on a complainant
who was denied the purchase of a cooperative apartment due her
national origin and religion.
The Commission obtained $15,500 on behalf of
a male Complainant who alleged that his female boss, Respondent,
sexually harassed him. In addition, the Respondent agreed to
participate in a sexual harassment seminar, as well as provide
her staff with training.
The Commission obtained $7,000 ($3,500 apiece)
on behalf of two female Hispanic Complainants who alleged race
discrimination against their employer.
The Commission obtained an $8,000 fine from Respondent
restaurant for utilizing discriminatory hiring practices by refusing
to consider male applicants for the “server” positions
it posted on the web. The complaint was initiated as part of
the Commission’s employment-testing program.
The Commission settled a case involving ferry
providers servicing New York City. Under the settlement agreement,
Respondents will provide safe, secure and immediate means of
embarking and disembarking on every trip for disabled passengers.
April 2008
The Commission obtained an $8,000 fine from a restaurant for
utilizing discriminatory hiring practices by refusing to consider
male applicants for the "server" positions it posted
on a web service. The complaint was initiated as part of the
Commission's Employment-Testing Program.
The Commission settled a case involving ferry providers servicing
New York City. Under the settlement agreement, the respondents
will provide safe, secure and immediate means of embarking and
disembarking on every trip for disabled passengers.
The Commission obtained $15,000 on behalf an employee who was
fired after she requested 30 days disability leave, as per her
doctor’s direction. The respondent employer also agreed
to provide training to its entire human resources staff regarding
discrimination against persons with disabilities.
The Commission obtained a $5,000 on behalf of a complainant who
was transferred to a lower paying job after requesting an accommodation
for her disability.
The Commission obtained a $9,000 fine from a restaurant that
demonstrated illegal racial and gender based hiring practices,
i.e., refusing to hire servers who are not Caucasian and female.
The complaint was initiated as part of the Commission’s Employment
Discrimination Testing Program.
March 2008
The Commission obtained $8,500 on behalf of a complainant who
alleged disparate treatment based on her sexual orientation and
race. The parties settled the matter through the mediation process.
In addition, the respondents agreed to expunge a negative evaluation
from complainant’s personnel file, which led to her termination.
The Commission obtained $7,500 on behalf of a complainant who
alleged her minor daughter was discriminated against based on
her disability. The parties settled the matter through the mediation
process. In addition, the respondents agreed to provide complainant’s
daughter with a letter of apology and provide sensitivity training
to the managerial employees at the retail store where the incident
occurred.
The Commission obtained a $5,000 fine from a realty company that
published illegal family based restrictions in housing advertisements,
i.e., No Children, Couples Only, or No Shares. The complaint
was initiated as part of the Commission’s Housing Testing Program.
The Commission obtained $7,000 on behalf of a former employee
of a security company who requested a medical accommodation for
her disability, but was refused and subsequently terminated.
The parties decided to privately settle the matter after a mediation
conference held at the Commission.
The Commission obtained $10,000 on behalf of a complainant who
alleged disparate treatment and a hostile work environment based
on her gender and race. The parties settled the matter through
the mediation process. In addition, the respondents agreed to
provide periodic EEO training to its managerial employees.
February 2008
The Commission obtained a $5,000 fine from a restaurant that
demonstrated illegal gender based hiring practices, i.e., refusing
to hire males. The complaint was initiated as part of our employment
testing program.
The Commission obtained $9,750 on behalf of a former restaurant
employee who complained about sexual harassment and a racially
charged environment at the restaurant. Complainant alleged that
her hours were reduced and that she was ultimately terminated
in retaliation for her complaint. The parties reached the settlement
after a mediation conference.
The Commission obtained $7,000 on behalf of a former employee
of a hospital alleging discrimination on the basis of his religion,
i.e., respondent’s insistence that complainant work on the Sabbath.
Complainant also alleged that respondent retaliated against him
by creating a hostile work environment after he complained of
discrimination. At the time of the settlement, complainant had
retired on a disability pension.
January 2008
The Commission obtained $5,000 from a hostel operating
in Brooklyn accused of charging substantially different rates
to patrons based upon their national origin, gender and age.
The hostel also agreed to change their pricing structure. This
was a Commission initiated complaint.
The Commission obtained $114,500 on behalf of a former employee
who endured anti-Semitic jokes by a co-worker. After complainant
filed an internal complaint with respondent, he was terminated.
December 2007
The Commission obtained $20,000 on behalf of an individual
with a conviction record summarily denied employment as a drug
counselor. In addition, the Commission’s Law Enforcement
Bureau negotiated a $5,000 fine.
The Commission obtained $6,000 on behalf of a male nurse who
alleged gender and age discrimination.
The Commission collected a $50,000 fine for the
City and obtained $15,000 on behalf of an individual with a criminal
record who was turned away from an employment agency.
The Commission obtained $5,000 (approximately
three months salary) on behalf of a former employee of a security
company. Complainant, a security guard with Respondent Company,
alleged that a male security personnel sexually harassed her.
Complainant further alleged that after she complained to Respondent
Company, she was retaliated against, in that her work hours were
drastically reduced. The settlement was the by-product of the
Commission’s mediation program.
November 2007
The Commission was able to obtain an accommodation, i.e.,
the ability to move to a vacant apartment on the first floor,
for an individual who lived on the fourth floor of a non-elevator
building and was recently required to use a wheelchair due to
muscular dystrophy.
The Commission obtained $7,000 on behalf of a former employee
of a company who was terminated after complaining about sexual
harassment. The alleged sexual harassment by her supervisor occurred
over a period of three weeks.
The Commission obtained $4,500 on behalf of a
former employee of an HVAC company. Complainant alleged that
her supervisor sexual harassed her over a period of three months.
Complainant further alleged that Respondent Company took corrective
action after she complained about her supervisor’s coarse
language. Complainant however prematurely quit her job immediately
after complaining and without giving the company an opportunity
to address the problem. Shortly after Complainant quit, Respondent
Company fired the supervisor in question. The settlement was
the by-product of a mediation conference held at the Commission’s
Law Enforcement Bureau.
October 2007
The Commission obtained $2,000 on behalf of a restaurant
employee who alleged gender discrimination at a restaurant. The
substance of the allegation was that she was not paid the same
as her male counterparts for the performance of some of the duties.
She quit the restaurant within two months, having obtained substitute
employment. The damages covered the amount of pay she lost as
well as extra for the inconvenience.
The Commission obtained $5,000 on behalf of a
Complainant that was summarily denied employment opportunities
with a security company because of his hair (dreadlocks associated
with his creed, Rastafarian). An employee of Respondent informed
complainant that their clients would not hire him because of
his hair; therefore they would not hire him.
The Commission obtained $5,000 on behalf of a
Complainant that was fired after requesting an accommodation
for her disability, a hearing impairment. Complainant was hired
as a seasonal sales associate by a major retailer. During her
employment, Respondent informed Complainant of some deficiencies
regarding her performance. Complainant requested an accommodation
for her disability, which appeared to have been the cause of
Respondent’s concerns. Respondent denied the accommodation
and terminated Complainant’s employment.
September 2007
The Commission obtained a $50,000 settlement on behalf of
a utility company employee who alleged sexual orientation discrimination.
The female employee was subjected to being called derogatory
names by supervisors and co-workers. Her complaints to management
went unanswered.
The Commission obtained $8,000 on behalf of a
disabled employee of a store. The complainant was denied an accommodation
for her disability (pregnancy) and was subsequently terminated
for taking time off from work. In addition to the money, the
store has agreed to train their staff regarding discrimination
issues and has created a new employment discrimination policy.
The complainant was offered her job back; however, she decided
to stay home and raise her child.
As a result of the Commission’s Employment
Testing Program, the Commission was able to uncover discriminatory
hiring practices at a Manhattan restaurant. The Commission’s
Caucasian testers were directed to the restaurant’s manager
to discuss employment opportunities, whereas the non-white testers
(who entered minutes earlier or later) were told that the manager
was not available and that they should leave their resume. The
restaurant agreed to pay a $7,000 fine and provide all of its
employees with employment discrimination training.
The Commission obtained a $10,000 settlement
on behalf of a 65 year-old, full-time student at local university
who was denied housing due to his age. The settlement was the
by-product of the Commission’s mediation program.
The Commission obtained $8,000 on behalf of a
former employee of City agency. Complainant was retaliated against
after filing an internal EEO complainant against a Deputy Chief.
Subsequent to the EEO complainant, Complainant received a poor
performance evaluation. Complainant’s immediate Supervisor
refused, at first, to endorse the poor performance evaluation.
The settlement was the by-product of a mediation conference held
at the urging of the Commission’s Law Enforcement Bureau.
August 2007
The Commission obtained a $10,000 settlement on behalf of
a restaurant employee who alleged sexual harassment on the part
of her supervisor and further alleged that the rejection of his
advances led to her dismissal. It appeared that her dismissal
might have been based on the complainant’s use of derogatory
terms to refer to African-Americans, particularly the offending
supervisor. The restaurant no longer employed the supervisor
at the time of the agreement.
The Commission received a favorable Report and
Recommendation from an Administrative Law Judge (ALJ) employed
by the Office of Administrative Trials and Hearings on a case
litigated in June 2007. The case involved an employment agency
that refused to consider placing the complainant due to her age
(50). The ALJ recommended $1,000 in damages and a $5,000 fine
to the City. The Commission will issue a Final Decision and Order
after the parties have had an opportunity to comment on the recommendation.
The Commission obtained $8,000 on behalf of a
City employee who alleged age discrimination. The complainant
took a disability leave shortly after filing his complaint thereby
minimizing the damages. The settlement was the by-product of
a mediation conference.
The Commission obtained $3,000 on behalf of an
employee of a restaurant. The allegations were that the complainant’s
supervisor made one derogatory remark concerning complainant’s
skin color, made in response to complainant’s insubordination.
The complainant was terminated after filing a complaint with
the Commission; however, the Commission determined the termination
was justified based upon an inappropriate remark made by the
complainant to another supervisor. This settlement was the by-product
of a mediation conference.
July 2007
The Commission obtained $10,000 on behalf of an employee
of a restaurant. The allegations were that the field manager
made derogatory and offensive remarks concerning complainant’s
gender and marital status. The Commission determined that the
underlying comments would not give rise to a gender discrimination
claim and moved forward with a retaliation claim (the complainant
alleged that she was terminated after she filed a complaint).
June 2007
The Commission obtained $5,000 on behalf of a restaurant
employee who alleged religious discrimination against a Manhattan
restaurant and its manager. The allegation was that the manager
was over-heard saying that he did not trust Muslims; the complainant
reported that he was offended by the remark and was terminated
soon thereafter. The settlement was reached through mediation.
The restaurant has also agreed to post and follow a Commission
approved anti-discrimination policy and provide training for
its managers.
The Commission obtained $1,000 for an individual
who alleged that he was denied employment due to his conviction
record. The employer alleged that the complainant lied on his
application.
The Commission obtained $17,000 on behalf of
a disabled employee who was terminated during a documented short-term
disability leave. The complainant was only working at the location
for a short period and decided she did not wish to return.
The Commission obtained $19,000 for an ironworker
who was terminated after being on a documented disability leave
for six months.