2020 Settlement Highlights - CCHR

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2020 Settlement Highlights

Among the Commission's 2020 Settlements, fashion retailer Zara agreed to pay $30,000 in emotional distress damages and work to create employment opportunities for transgender, gender non-conforming, and non-binary New Yorkers (March).

The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the New York City Human Rights Law. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility.

December 2020

Stop and Shop Supermarket Pays $10,000 in Emotional Distress Damages and Agrees To Affirmative Relief in Religious Discrimination Case
Complainant, a Muslim, filed a complaint against Stop and Shop Supermarket Company alleging that an employee made an Islamophobic comment to him during a visit to one of company’s stores in Queens. Respondent agreed to pay $10,000 in emotional damages to Complainant, conduct anti-discrimination training on the NYC Human Rights Law and display the Commission’s Notice of Rights and Stop Sexual Harassment Act posters at all 212 stores in New York City.

27 Sports Bar and Café Settles Pregnancy Discrimination Case for $6,000 in Emotional Distress Damages
Complainant was turned away at the door when she attempted to enter 27 Sports Bar and Café because she was visibly pregnant. After an investigation, the Commission’s Law Enforcement Bureau issued a probable cause finding. The Respondent agreed to pay $6,000 to the Complainant in emotional distress damages and agreed to display the Commission’s Notice of Rights poster and to training for the owner and manager on the NYC Human Rights Law.

Landlord and Broker Settle Source of Income Discrimination Case for $21,000 and Affirmative Relief, Including Set-Aside of Apartments for Voucher Holders
Based on paired testing by the Fair Housing Justice Center contracted by the Commission, the Commission filed a Commission-initiated complaint against Ginesteri Equities and Giovanni Ginestri, a landlord, and Signature Spaces, a broker, alleging source of income discrimination. The parties conciliated, with Ginestri agreeing to pay $14,000 in civil penalties and to set aside four units for individuals with public sources of income, and Signature agreeing to pay $7,000 in civil penalties. All Respondents agreed to also post the Commission’s Notice of Rights and Source of Income discrimination posters in their building(s) or office, revise policies, and attend training on their obligations under the NYC Human Rights Law. Respondents also agreed to one year of monitoring by the Commission.

Co-op With a “No Dog” Policy Pays $27,000, Agrees To Create a Reasonable Accommodation Policy, Display Postings and Trainings
Complainant was denied her emotional support animal by her co-op board for more than a year despite presenting them with supporting medical documentation. Respondent River Point Towers Cooperative Inc. agreed to pay $27,000 in emotional distress damages, create a written accommodation policy in compliance with the NYC Human Rights Law, and distribute the policy to all residents, co-op board members, and its staff. The co-op board members and Respondent’s staff members will also attend training on the NYC Human Rights Law.

Landlord Agrees To Settle Emotional Support Animal, Disability Discrimination and Retaliation Case for $55,000, Training, Creation of a Reasonable Accommodation Policy, and Postings
Landlord EK 3 LLC, imposed a conditional lease rider containing unlawful terms when it approved Complainant’s reasonable accommodation request for an emotional support animal, and revoked their offer to extend Complainant’s lease for another term. The parties were unable to resolve the matter through mediation. The Commission’s Law Enforcement Bureau issued a probable cause determination, and Respondents agreed to pay $55,000 in emotional distress damages to Complainant. Prior to the conciliation, Respondents attended an anti-discrimination training, created a new reasonable accommodation policy for emotional support animals and service animals, and posted the Commission’s anti-discrimination notices at all residential buildings in its portfolio.

Gucci Settles Commission-initiated Case Alleging Race Discrimination and Agrees To Multiple Restorative Justice Measures
The Commission’s Law Enforcement Bureau issued a cease and desist letter and launched a race discrimination investigation into Gucci’s sale of a sweater that evoked discriminatory imagery and filed a complaint in December 2020. As part of a conciliation agreement, Gucci agreed to: provide NYC Human Rights Law training and diversity and equity training for employees located in New York City; continue consulting with community leaders and social change experts committed to the advancement of diversity, racial equity, and inclusivity, including experts knowledgeable about these issues as they relate to the fashion industry; continue working towards improving diversity at all levels of the organization; continue to work to increase cultural sensitivity, awareness, and education across the organization, including in design and marketing; and update the Commission on the progress of its diversity, equity, and inclusion initiatives. Gucci also announced, among its initiatives, a global strategy to increase cultural sensitivity and awareness; hired a global head of Diversity, Equity and Inclusion; appointed an Executive Advisor for Global Equity and Culture Engagement; established a Global Equity Board; created a multicultural design fellowship program; and implemented unconscious bias training for employees in the United States.

Exit Realty Central, Landlords, and Broker Agree To Pay $10,000, Attend Training, Create Policies, and Post Notices to Settle Presence of Children Case
Respondent Exit Realty Central (“Exit Central”), an individual broker, and three individual landlords have agreed to settle a case filed by an applicant, a single mother, who they refused a showing at the landlords’ unit after the individual broker said she had “too many kids.” An investigation by the Commission’s Law Enforcement Bureau confirmed that the individual broker sent the text message while working for Exit Central. The broker respondents collectively agreed to pay $3,500 to Complainant in emotional distress damages and another $3,500 as a civil penalty, and the landlord respondents agreed to pay Complainant $3,000 in emotional distress damages. All Respondents will also post the Commission’s notices, attend the Commission’s training, and create policies to reflect their responsibilities under the New York City Human Rights Law.

Landlord Agrees To Settle Commission-Initiated Disability Discrimination Case for Civil Penalties, Installation of Ramps, Affirmative Relief
The Law Enforcement Bureau initiated an investigation after it received multiple complaints from building residents of 8750 Bay Parkway, Brooklyn, about the need for external and internal ramps, and agents of the landlord refused to construct those ramps. The Commission filed a complaint and issued a determination of probable cause. The landlord and management, Moshe Piller, 8750 Bay Parkway, LLC, and MP Management, LLC, then constructed internal and external ramps, compliant with the American National Standards Institute code. The Respondents agreed to pay $25,000 in civil penalties, attend an anti-discrimination training, create a reasonable accommodation policy for the New York City-based buildings in its portfolio, submit to monitoring for one year, and post the Commission’s anti-discrimination notices throughout the buildings in its portfolio.

November 2020

Colony East 5th Realty LLC Pays $39,000, and Installs Ramp To Settle Disability Discrimination Complaint
Complainant alleged that her landlord, Colony East 5th Realty LLC, failed to accommodate her disability by failing to construct a ramp at her apartment building’s main entrance. After the Commission’s Law Enforcement Bureau found probable cause, Respondents agreed to pay Complainant $14,500 in emotional distress damages, $24,500 in civil penalties, attend a NYC Human Rights Law training, create an anti-discrimination policy, post the Commission’s Fair Housing poster, and construct a ramp at the apartment building’s main entrance.

NYC Parks Pays $25,000, Holds Training, Changes Policies, and Agrees To Rehire Survivor of Domestic Violence
Respondent NYC Parks and three individual managers at the Lyons Pool and Recreation Center(Lyons) in Staten Island have agreed to settle a case filed by a former employee whom they refused to accommodate despite being informed that she was a survivor of domestic violence. An investigation by the Commission’s Law Enforcement Bureau confirmed that after Complainant’s ex-boyfriend attacked her directly outside of Lyons, Respondents blamed her for “endangering” her coworkers and repeatedly refused to prevent the ex-boyfriend from entering the premises, despite not being a member of Lyons, and then transferred Complainant to another facility and did not renew her seasonal job. Respondent NYC Parks agreed to pay $25,000 in emotional distress damages and to pre-certify her to be hired for the next available NYC Parks job for which she qualifies in one of two boroughs. NYC Parks also trained the named managers and other Staten Island employees on the NYC Human Rights Law’s protections for survivors of domestic violence, revised its anti-discrimination policy, created a Parks-specific domestic violence protections poster to post along with the Commission’s Notice of Rights.

Newsbar Café Settles Disability, Service Animal Case for $5,000, 40 Hours of Community Service
A patron filed a complaint against EK of New York, Inc., d/b/a Newsbar Café, alleging that she was denied services because of her service animal. After the Commission’s Law Enforcement Bureau investigation, Newsbar agreed to pay $5,000 in emotional distress damages, for the owner to perform 40 hours of community service, for the owner and full-time employees to attend training on the NYC Human Rights Law, create and implement anti-discrimination policies under the NYC Human Rights Law, and display a service animal poster in its place of business.

Queens Community Services Group Agrees to Policy Creation, Training, and Postings to Ensure Equal Treatment of Same-Sex Couples
Testing by the Commission’s Law Enforcement Bureau revealed that American Family Community Services, a non-profit, would not allow a same-sex couple to attend group therapy and would insist that they have a private session because their presence may make other clients "feel uncomfortable." The Commission’s Law Enforcement Bureau sent a cease and desist letter in November 2019. Respondent signed a stipulation and order agreeing to institute an anti-discrimination policy that includes protections based on sexual orientation and gender identity, to attend training, and to post and distribute the Commission's materials on such protections.

October 2020

DB Grant Associates, Inc. Pays $10,000 and Agrees to Affirmative Relief in Fair Chance Act Case
A job applicant filed a complaint of discrimination against DB Grant Associates, Inc. alleging that Respondent, a workforce development company, circulated a job application that unlawfully inquired into his criminal history prior to a conditional offer of employment, and alleging that he was improperly denied employment on the basis of his criminal history. The Commission’s Law Enforcement Bureau conducted an investigation and issued a finding of probable cause. The Respondent agreed to pay the Complainant $10,000 in emotional distress damages, conduct training for staff on the Fair Chance Act, create new employment policies prohibiting criminal history discrimination, and post the Commission's Fair Chance Act and Notice of Rights poster in all locations.

Remsen Owners Corp. Agrees to Install a Railing to Rectify Inaccessibility Issue
Complainant reported to the Commission’s Law Enforcement Bureau that the exterior steps of her building, belonging to Respondent Remsen Owners Corp., prevented her from entering or exiting unless assisted by another individual. Respondent initially demanded that the Complainant retain the architect herself and pay for the materials and installation. After investigation by the Commission’s Law Enforcement Bureau, Respondent agreed to enter into a stipulation and order to accommodate Complainant’s disability by installing a railing on the main entrance steps of the building. Additionally, a representative from Respondent’s board of directors will attend a training on the NYC Human Rights Law.

Landlord Agrees to Pre-Complaint Resolution by Accommodating Tenant with Disability, Policy Changes, Training, and Postings
A landlord provided a tenant with a reasonable accommodation for her disability by replacing Complainant’s bathtub with a walk-in shower, created a reasonable accommodations policy for all current and prospective tenants, agreed to attend the Commission’s anti-discrimination training, and to display posters outlining its obligations under the NYC Human Rights Law.

September 2020

Pax Assist, LLC Pays $17,500 in Civil Penalties and Emotional Distress Damages to Settle Claims of Religious Discrimination; Agrees to Train All Employees, Revise Policies, and Agrees to Two Years of Monitoring By the Commission
The Commission filed both a Commission-initiated complaint and a public complaint against Pax Assist after it discovered that managers had discriminated against the company’s Muslim employees when they asked that their breaks coordinate with fasting times during the month of Ramadan. Employees also reported that they heard admonishing comments about Muslims by their managers over their communication devices when they asked to take a break earlier than scheduled. Respondent agreed to settle the case, pay the complainant $2,500 and $15,000 in civil penalties to the City of New York, create new policies about accommodations -- religious or otherwise -- place NYC Human Rights Law postings in relevant areas, hold a company-wide training for all employees and agreed to be monitored for a period of two years by the Commission.

Read more about PAX Assist settlement

Nanny Agency Pays $2,500 in Emotional Distress Damages for Violation of the Fair Chance Act, Agrees to Affirmative Relief
Complainant, an applicant, filed a complaint of discrimination against Absolute Best Care Nanny Agency, alleging that she was asked to complete an Authorization for Release of Information, which required a background check prior to a conditional offer of employment. The release also indicated that the records searched would include a 7-year criminal check, driving record, national wants and warrants, and a national criminal file. After completing the application, in which Complainant was required to share criminal history information, Respondent never followed up with her to refer her to any clients. Respondent agreed to pay $2,500 in emotional distress damages to Complainant, conduct training on the Fair Chance Act and the NYC Human Rights Law, make policy changes and post the Commission’s Notice of Rights and the Stop Sexual Harassment poster in its workplace.

American Museum of Natural History Settles Gender and Pregnancy Discrimination Case for $30,000 in Emotional Distress Damages, Agrees to Implement Affirmative Relief
Complainant filed a claim against her former employer, the American Museum of Natural History, alleging that her supervisor subjected her to a hostile work environment on the basis of her gender and pregnancy. The Commission’s Law Enforcement Bureau conducted an investigation and found evidence that Complainant's supervisor made inappropriate and illegal comments based on stereotypes, including telling Complainant, "It is very selfish of you to have all these children you cannot take care of," "You should use birth control," and, "When are you going to stop having babies?" As part of the conciliation agreement Respondent agreed to pay Complainant $30,000 in emotional distress damages, submit its policies regarding the NYC Human Rights Law to the Commission for its review and approval, conduct training on the NYC Human Rights Law for supervisory and managerial employees, and display the Commission’s Notice of Rights.

LaGuardia Gateway Partners Pays $4,000 in Emotional Distress Damages to Settle Discrimination Case, Agrees to Affirmative Relief

Complainant, a transgender man, was traveling through Terminal B at LaGuardia Airport and attempted to use the men’s bathroom when a janitor stopped Complainant and directed Complainant to the family bathroom. Respondent LaGuardia Gateway Partners (LGP), which manages the Terminal B area, agreed to pay $4,000 in emotional distress damages to Complainant for this incident. Additionally, Respondent LGP agreed to adopt a Patron Non-Discrimination Policy which specifically addresses the right of individuals to use single-sex facilities which most closely correspond to their gender identity and to distribute the Patron Non-Discrimination Policy and training materials to those who do regular business in the terminal. Respondent LGP further agreed to provide the Commission’s Law Enforcement Bureau with its draft employee handbook for review and provide the Commission with confirmation that it had completed annual sexual harassment prevention training that complies with the NYC Human Rights Law.

Landlord Settles Alienage Status Discrimination Case for $15,000 in Civil Penalties and Affirmative Relief
The Commission filed a Commission-initiated complaint against a landlord alleging citizenship status discrimination for sending a series of harassing e-mails to a potential tenant regarding their citizenship status, followed by e-mails to one of their bosses seeking to have them removed from the country. The Commission found probable cause and referred the matter to the Office of Administrative Trials and Hearings, where the parties came to a settlement agreement. Respondents agreed to pay $15,000 in civil penalties, to include the Commission’s Notice of Rights in all new leases, to post the Commission’s Notice of Rights in their building, and to attend training on their obligations under the NYC Human Rights Law.

August 2020

Doctor’s Office Pays $47,500 in Damages and Penalties in National Origin, Citizenship Status, and Gender Discrimination Case
An employee in a doctor’s office reported that her supervisor subjected her to a hostile work environment during her four-month employment by making discriminatory comments about her national origin, citizenship status, and gender. She also stated that she was fired after she reported her supervisor to management. The Commission negotiated a settlement including $30,900 in emotional distress damages to the Complainant, $6,600 in backpay, and $10,000 in civil penalties. Respondents will attend NYC Human Rights Law training, create employment policies in compliance with the NYC Human Rights Law, and post the Commission’s Stop Sexual Harassment in NYC Act Notice, Notice of Rights poster, and Pregnancy Discrimination in Employment Notice.

MMPS of New York Settles Pregnancy Discrimination Case for $40,000 in Damages and Penalties and Affirmative Relief
MMPS of New York, a medical clinic, agreed to settle a case where a pregnant employee was not provided accommodations and was ultimately terminated because of her pregnancy. MMPS of New York paid the Complainant $7,822.87 in back pay, $22,177.13 in emotional distress damages, and $10,000 in civil penalties. Additionally, MMPS of New York instituted new policies regarding pregnancy, childbirth, and related medical conditions as well as lactation polices for new parents who have returned to work; they also agreed to attend training and display the Commission’s Notice of Rights poster.

Virgin Atlantic Airways Pays $18,000 in Damages For Failing to Provide a Reasonable Accommodation to an Employee
Complainant, who has a disability that was being aggravated by her job tasks, requested leave from her job with Virgin Atlantic as a reasonable accommodation for her disability. Despite the fact that Complainant provided doctors’ notes in support of her request, she was told that her position could not be held open and she was terminated instead of engaging in a cooperative dialogue, as is mandated by the NYC Human Rights Law. Virgin Atlantic agreed to pay $18,000 in emotional distress damages to Complainant, develop a new policy regarding disability accommodations compliant with the NYC Human Rights Law, post the Commission’s Notice of Rights, and provide training on the NYC Human Rights Law and disability accommodations to all human resources personnel.

LabCorp Settles Disability Case, Pays $1,000 and Changes Policies and Procedures to Accommodate Blind and Low Vision Patrons
A low vision patient requested assistance from a LabCorp employee to use a self-check-in electronic device at a LabCorp Patient Service Center. The employee failed to assist the patient and allegedly told him that he should have brought someone with him to help. Following the incident, the patient filed a complaint against LabCorp for failing to accommodate his disability during his visit. The investigation by the Commission’s Law Enforcement Bureau revealed that LabCorp quickly apologized to the Complainant following the incident and offered to accommodate him in his home. As part of the conciliation, LabCorp agreed to create an accommodation policy for both visitors and employees, to distribute the accommodation policy to all staff, and to train its New York City staff on the new policy. LabCorp also posted the Commission’s Notice of Rights posters at its Patient Service Centers in New York City and paid the Complainant $1,000 in emotional distress damages.

Key Food Supermarket Agrees to Training, Policy Creation, and Posting in Disability Discrimination Matter
A patron filed a complaint against 42-15 Food Corp. d/b/a Key Food Supermarket (“Key Food”), alleging that she was denied services because of her service animal. The patron ultimately decided not to pursue the matter. Through a subsequent Commission-initiated intervention, the Commission and Key Food entered into a stipulation and order in which Key Food agreed to have its owner and managers attend a training on the NYC Human Rights Law at the National Supermarket Association, whose members will also be invited to attend. Key Food also agreed to create and implement anti-discrimination policies under the NYC Human Rights Law and display a service animal poster in all of its places of business.

July 2020

O.M.G., Inc. Agrees To Pay $30,000 in Damages and Extensive Affirmative Relief After Terminating a Transgender Employee
Complainant, who is transgender, worked for O.M.G., Inc. (OMG) as a sales associate. During her employment, Complainant’s supervisors questioned her gender, asked her invasive questions about her body, and assigned her impossible tasks. After two weeks, OMG terminated Complainant’s employment. The Commission’s Legal Enforcement Bureau investigated, and OMG agreed to pay Complainant $30,000 in emotional distress damages. OMG also agreed to extensive affirmative relief, including revising its anti-discrimination policies; conducting anti-discrimination training; creating an internal means for employees to report harassment, discrimination, and retaliation; and submitting to Commission monitoring of complaints of gender-based harassment, discrimination, and retaliation for five years.

The Federal Savings Bank Pays $320,000 To Resolve Sexual Harassment and Retaliation Claims and Agrees to Affirmative Relief and Ongoing Monitoring
A former employee filed gender-based harassment and retaliation claims against her employer, The Federal Savings Bank (FSB), and FSB’s former CEO Stephen Calk, alleging claims of sexual harassment and retaliation by terminating her employment after she complained. After the Commission’s Law Enforcement Bureau investigation, the parties entered into a conciliation agreement requiring the employer to pay Complainant $270,000 in damages including backpay, emotional distress, and attorney’s fees; pay $50,000 in a civil penalty; attend anti-discrimination and sexual harassment prevention training; revise their anti-discrimination policies; implement a complaint procedure for reporting gender-based harassment, discrimination and retaliation, including anonymous reporting; post and distribute the Stop Sexual Harassment Act Factsheet; and monitor gender-based harassment, sexual harassment and retaliation complaints including a provision to provide the Commission with a summary report every six months.

Brooklyn-based Property Management Company and Vice President Pay $94,000 in Damages and Penalties in Sexual Harassment Case
Complainant, who was employed as an office assistant by a property management firm for two and a half months, filed a complaint alleging that after she was hired, she was sexually harassed by a vice president, facing repeated unwanted romantic and sexual advances. The conciliation agreement requires Respondents to pay: $55,000 in emotional distress damages and $24,000 in attorneys’ fees to the Complainant: and $15,000 in civil penalties to the City of New York. Respondents also agreed to update their sexual harassment policy and training, post and distribute the Commission's Stop Sexual Harassment Act Notice and Fact Sheet and ensure that all of its employees complete the Commission’s sexual harassment prevention training.

Mrs. Bee Corp. (Formerly Webster Hall Entertainment Corporation) Agrees To Pay Emotional Distress Damages and Issue a Written Apology in Gender-Based Harassment Case
Complainant, who identifies as gender non-binary, alleged that Respondent’s former employee subjected them to gender-based harassment and discrimination while they were attending an event at Respondent’s former entertainment venue. Respondent agreed to pay Complainant $5,000 in emotional distress damages and issue a written apology.

Mount Sinai Beth Israel Hospital Agrees to Pay $10,000 in Emotional Distress Damages
Complainant, a man who is transgender, alleged that a Mount Sinai Beth Israel nurse subjected him to gender-based discrimination while he sought medical care at the hospital. The hospital, which had already agreed to implement extensive affirmative relief measures in another similar Commission case filed around the same time, agreed to pay the Complainant in this case $10,000 in emotional distress damages.

Chipotle Mexican Grill, Inc. Pays $46,220 in Damages and Civil Penalties for Failure to Provide a Reasonable Accommodation for Pregnancy
A pregnant Chipotle employee alerted her supervisors that due to medical restrictions related to her pregnancy she was unable to lift heavy boxes. Respondent Chipotle required the employee to provide medical documentation to be excused from heavy lifting, which violates the NYC Human Rights Law and refused to provide her with a reasonable accommodation. As part of the settlement agreement, Chipotle paid the employee $11,220 in back pay, $15,000 in emotional distress damages, $10,000 in attorney fees, and $10,000 in civil penalties. Chipotle agreed to train its NYC general managers on NYC’s Human Rights Law, and provide an addendum to its New York City based handbook for all employees, outlining their rights to request a reasonable accommodation for pregnancy and pregnancy-related conditions. Chipotle will also post the Commission’s Notice of Rights in English and Spanish, the Pregnancy Discrimination Notice, and Stop Sexual Harassment Notice, at all its New York City locations. Additionally, Chipotle agreed to monitor reasonable accommodation requests for one (1) year at fifteen (15) New York City based locations and submit its log to the Commission’s Law Enforcement Bureau at the end of the year.

Read more about Chipotle settlement

Aaron’s Inc. Settles Fair Chance Act Violations for $40,000 in Civil Penalties, Implements Ban the Box Policies Nationwide
Testing conducted by the Commission revealed that Aaron’s Inc., a lease-to-own retailer, advertised positions in New York City with the following unlawful language included in its job postings, “A drug screen and criminal background investigation is required” and an online employment application form requiring applicants to allow Respondent to conduct a criminal background check and credit history check. Respondent agreed to pay a $40,000 civil penalty; implement a ban the box policy on a nationwide basis; disregard misdemeanor convictions more than 3 years old for non-driver positions, with certain exceptions; limit its consideration of convictions to those within the past 7 years, with certain exceptions; train all New York City-based managers and employees who make hiring decisions for New York City employees on the NYC Human Rights Law, including the Fair Chance Act; revise its policies to conform with the NYC Human Rights Law; and post the Commission’s Legal Notices.

Pano Dion Corp., d/b/a Milkflower Settles Disability, Service Animal Case for $11,000 in Emotional Distress Damages
Complainants attempted to dine at Milkflower, a restaurant in Astoria, Queens, when they were denied entry due to the presence of a service animal. The investigation found that the restaurant owner made one Complainant show the medical device affixed to her body in public and after doing so, denied Complainants service on the basis of one Complainant’s disability and her service animal. In conciliation, Respondents agreed to pay $11,000.00 to Complainants, attend training, train their staff on their new policy pertaining to providing reasonable accommodations to people with disabilities and those who use service animals, and post the Commission’s Notice of Rights in English and Spanish. Due to Respondents’ demonstrating financial hardship after being forced to close because of the COVID-19 pandemic, civil penalties were waived.

639 Realty LLC and Affordable Housing Real Estate Corp. Settle Source of Income Discrimination Case for $5,000 in Emotional Distress Damages and Policy Updates
A complainant alleging discrimination based on his attempt to use his HASA voucher filed a complaint against 639 Realty LLC and Affordable Housing Real Estate Corp. As part of the conciliation agreement, Respondents paid Complainant $5,000 in emotional distress damages; agreed to edit and update their policies; agreed to take training on the source of income provisions of the NYC Human Rights Law; and agreed to send information to all their agents about their updated policies and compliance with the NYC Human Rights Law, along with ongoing monitoring by the Commission.

Simply Amazing LLC d/b/a Amazing Savings Agrees To Revise Its Age-Based Admissions Policy
The Commission responded to a tip from the public that Respondent had posted a notice that no customers below the age of 16 were allowed in the store. The Commission sent a cease and desist letter and the parties signed a Stipulation and Order, with the Respondent agreeing to revise its polices, inform all employees of the revised policy, attend training, and post the Commission’s Notice of Rights.

Landlord and Property Manager of a Queens Building Agree To Settle Disability Discrimination Matter in Pre-Complaint Intervention
Complainant alleged that his landlord and property manager failed to accommodate him and other tenants with disabilities by refusing to install a wheelchair-accessible ramp at the main entrance of the building he resides in, preventing him from entering or exiting the building and accessing the building’s elevator. Respondents resolved the matter pre-complaint by entering into a Stipulation and Order with the Commission, requiring Respondents to design and construct a compliant ramp at the building’s entrance to accommodate all tenants unable to use the front stairs due to a disability. Representatives from Respondent landlord also attended a training on the NYC Human Rights Law.

Food Colony LLC d/b/a C-Town Supermarkets Settles Discrimination Claims Based on Age, Race, and Color, Providing a Written Apology to Complainant, Undergoing Training, Revising Policies, and Updating Employment Application
A prospective employment applicant, who was sixty-seven years old and self-identified as brown-skinned and of mixed race, alleged that he saw a “help wanted” sign posted outside of Respondent Food Colony LLC d/b/a C-Town Supermarkets (C-Town). Despite the sign, Complainant alleged that an employee of Respondent C-Town told Complainant that there were no positions available. Complainant, who saw the “help wanted” sign again a few months later, alleged that Respondent C Town denied him employment because of his age, race, and color. The Commission and parties entered into a conciliation agreement requiring C-Town’s owner and managers to attend training on the NYC Human Rights Law; create and implement a written policy under the NYC Human Rights Law; display the Commission’s Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Employment Notice; maintain records regarding complaints of discrimination, harassment, and/or retaliation, job openings, and applications for employment; provide a written apology to Complainant; and revise its employment application.

New York City Fire Department Pays $17,500 in Damages for Gender-Based Harassment Claim; Posts and Distributes Notices of Rights; and Conducts Training
An employee of the New York City Fire Department (FDNY) filed a complaint against FDNY and her superiors after a male supervisor continuously referred to her as “baby,” “honey,” and other demeaning terms. The Complainant reported the name-calling and other hostile interactions to the FDNY's Equal Employment Office (EEO), which, she alleged, failed to take action following an internal investigation. Respondents denied these allegations, and the Complainant and Respondents entered into a conciliation agreement requiring Respondents to pay $17,500 in emotional distress damages to Complainant. Respondents also provided information to the Commission about ongoing federal monitoring of EEO complaints, and they completed the following: posted anti-sexual harassment and nondiscrimination notices throughout their Fleet Services locations, distributed anti-sexual harassment fact sheets to FDNY employees, and conducted a sexual harassment prevention training, reviewed and approved by the Commission.

Small Landlord Settles Complaint Alleging Harassment on the Basis of Sexual Orientation for $3,000 in Damages
Complainants alleged that a repairperson hired by their apartment building's property manager subjected them to harassment because of their sexual orientation during a scheduling phone call. The Commission’s Law Enforcement Bureau entered into an agreement with the landlord for the actions of his agent. The Complainants were paid $3,000 dollars in emotional distress damages, and the landlord agreed to post the Commission's Notice of Rights and "Fair Housing, It's the Law" poster, and attend the Commission's "Know Your Obligations" training.

Mulberry LLC and Alpha Properties NYC LLC Pay $4,000 in Damages and Penalties in Disability, Service Animal Claim
Mulberry I, LLC (Mulberry), a landlord with 50 buildings in the City, and a brokerage, Alpha Properties NYC I LLC (Alpha), agreed to settle a case co-filed by an individual Complainant and the Commission’s Law Enforcement Bureau after Winer told the Complainant that Mulberry insisted on a $1,000, non-refundable “pet deposit” for the Complainant’s emotional support animal, disrupting their housing search. To settle the case, Respondents Mulberry and Alpha each paid a civil penalty of $1,000 to the City of New York, and Respondent Alpha also paid $2,000 to the Complainant for emotional distress. All Respondents agreed to attend training on the NYC Human Rights Law, and Mulberry and Alpha also agreed to update their policies and put up Commission notices to educate tenants and workers about fair housing, disability rights, and the NYC Human Rights Law.

Respondent Agrees To Settle Discriminatory Harassment Claim Brought by Neighbor for $1,000 in Civil Penalties, Training and Withdrawal of a State Court Action
In a discriminatory harassment case involving two neighbors, Complainant alleged that Respondent continued to harass Complainant and his minor son due to the son’s disability. After a long negotiation process, the parties agreed that Respondent would pay $1,000 as a civil penalty to the City of New York, discontinue a pending action in state court against the Complainant and attend the Commission’s anti-discrimination training.

June 2020

The YMCA of Greater New York Updates Health Care Plans to Include Gender-Affirming Care
The Commission launched an investigation into the YMCA of Greater New York (YNY) after receiving a tip that the organization’s self-insured health care plans excluded gender-affirming care, possibly discriminating against transgender and gender non-conforming employees in violation of the NYC Human Right Law. The YNY engaged with the Commission to redesign their plans to include comprehensive coverage of transition-related procedures. The resulting plans were adopted nationally across the YMCA of the USA (YUSA), allowing eligible employees and their dependents nationwide to access the plans.

Read Gay City News coverage of the case here

Memorial Sloan Kettering Cancer Center Pays $100,000 Damages and Penalties For Failing to Engage In a Cooperative Dialogue When a Reasonable Accommodation was Requested
After recovering from a stroke, Complainant was permitted to return to work part-time for six months as a reasonable accommodation, after which she would be required to return to work full- time. Complainant then informed MSKCC that, due to her ongoing recovery, she would need to continue working part-time and was willing to work in other departments that had part-time positions available. MSKCC terminated Complainant, claiming that allowing her to continue working part-time would be an undue hardship. The Commission’s Law Enforcement Bureau found that MSKCC violated the NYC Human Rights Law by failing to provide Complainant a reasonable accommodation. MSKCC paid $65,000 in emotional distress damages to Complainant, $35,000 in civil penalties to the City of New York, and agreed to train its human resources personnel and managers on the NYC Human Rights Law. Additionally, MSKCC agreed to modify its employment policies, including its reasonable accommodation policy, to reflect the NYC Human Rights Law.

Property Management Company Firstservice Residential and Housing Provider K&T Realty Associates LLC Pay $16,500 in Damages and Penalties in Citizenship Status Discrimination Case
Complainant filed a complaint alleging that Respondents required her to provide a double security deposit due to her citizenship status, as a non-US citizen. Through its investigation, the Commission’s Law Enforcement Bureau discovered evidence to support Complainant’s allegations. The Commission and the parties entered into a conciliation agreement requiring Respondents to pay Complainant $15,000 in emotional distress damages, pay $1,500 in civil penalties to the City of New York, train its employees on the NYC Human Rights Law protections in housing, create an anti-discrimination policy, post the Commission’s Fair Housing poster, distribute the Commission’s Fair Housing brochure, and submit to monitoring for a period of two years.

Social Services Company EAC Network Pays $12,500 for Terminating Employee While Out on Disability
A substance abuse/mental health counselor who sustained serious injuries to her hand and foot, requiring a long-term medical leave, was terminated from her employment after several months when her employer claimed that it could no longer hold her job open. Complainant alleged that another job could have been found for her as a reasonable accommodation. Respondent claimed that other job options were very limited, and that Complainant never recovered from her injuries sufficiently to perform the essential functions of any job. The Commission’s Law Enforcement Bureau found that Respondents violated the NYC Human Rights Law in refusing to provide a reasonable accommodation. Respondent agreed to pay Complainant $12,500 in emotional distress damages, to modify its employee policies to better comply with the NYC Human Rights Law, and to train its managers on the NYC Human Rights Law.

Dalton Management Company Settles Complaint Alleging Discrimination on the Basis of Source of Income for $7,000 in Damages to Complainant
Complainant, a prospective tenant, filed a complaint against Dalton Management Company, LLC, the management company of a building where Complainant had applied for an apartment, alleging that she was unlawfully denied housing because of her source of income. After an investigation by the Commission’s NYC Law Enforcement Bureau, the parties agreed to enter into a conciliation agreement in which Respondent Dalton agreed to pay Complainant $7,000 in emotional distress damages. Respondent Dalton also agreed to ensure its policies regarding tenant screening and reasonable accommodations are in compliance with the NYC Human Rights Law, to provide training to its employees, and to display postings outlining its obligations under the NYC Human Rights Law.

Somethingreek Restaurant Agrees to Pay $2,000 in Emotional Distress Damages, Attend Training, Create Anti-Discrimination Policy, and Post Notice of Rights
Complainants, who have disabilities and use a service dog, filed a complaint alleging that a restaurant employee told them they could not remain in the restaurant with their service dog. Following the Law Enforcement Bureau’s investigation, the Commission, Complainants, and Respondent entered into a conciliation agreement requiring Respondent to pay Complainants $2,000 in emotional distress damages; attend training on the NYC Human Rights Law; create and implement an anti-discrimination policy; and post the Commission’s Notice of Rights and “Service Animals Welcome” posters.

Firstservice Residential, a Management Company, and 5400 Company, a Landlord, Agree To Settle Disability Discrimination in Pre-Complaint Intervention
Complainant alleged that his property manager and his landlord, 5400 Company, failed to accommodate him and his neighbors and failed to provide adequate notice during an elevator modernization project in his Bronx building, during which the elevators were out of service. Respondents resolved the matter pre-complaint by creating a comprehensive plan to accommodate all residents with disabilities during the remaining elevator outages resulting from the modernization projects across their six buildings. The property manager for the building also attended a training on the NYC Human Rights Law.

Landlord Pays $5,000 in Damages in Source of Income Discrimination Case
A complainant alleging source of income discrimination based on his attempt to use his HASA voucher brought a complaint against 639 Realty LLC and Affordable Housing Real Estate Corp. The Respondents worked with the Law Enforcement Bureau to settle the case in which Respondents paid Complainant $5,000 in emotional distress damages; agreed to edit and update their policies; agreed to take a training on the source of income provisions of the NYC Human Rights Law; agreed to send information to all their agents about their updated policies and compliance with the law; and agreed to ongoing monitoring by the Commission.

Broker Pays $5,000 in Damages in Source of Income Discrimination Case
Complainant who alleged source of income discrimination based on her attempt to use a voucher brought a complaint against a broker and his employer. The Respondents settled with the Commission by agreeing to pay the Complainant $5,000 in emotional distress damages, and the broker agreed to take a training on the source of income provisions of the NYC Human Rights Law.

HSBC and Geneva Consulting Firm Agree to Pay $99,500 in Damages and Penalties in Race Discrimination and Retaliation Case
Complainant, a white man married to a Black woman, alleged that Respondents subjected him to a hostile work environment when Respondents failed to address his complaint about his co-worker’s racist comments against Black people, and retaliated against him by terminating his employment the day following his complaint. While Complainant was working, he was classified as an independent contractor in both Respondents’ HR systems. The parties entered into a conciliation agreement in which Respondents paid Complainant $59,500 in full back pay and $10,000 in emotional distress damages; Respondent HSBC paid $30,000 in civil penalties to the City of New York; updated their discrimination policies to comply with the NYC Human Rights Law; posted the Commission’s Notice of Rights, Stop Sexual Harassment Act Notice, and Pregnancy Discrimination Notice; and trained all supervisory/managerial employees with hiring responsibilities on NYC Human Rights Law.

Respondents Pay $15,000 in Emotional Distress Damages and Agree to Bring Complainant’s Account Balance to Zero in Source of Income Discrimination Case
Complainant, a Section 8 recipient, filed a Complainant alleging that her landlord refused to allow her to begin using her Section 8 voucher after she became eligible for the voucher during her tenancy. The Commission’s Law Enforcement Bureau investigation revealed that Respondents intentionally failed to process the legally required paperwork for Complainant’s Section 8 voucher. After issuing a probable cause finding, the parties entered into a conciliation agreement in which Respondent agreed to pay Complainant $15,000 in emotional distress damages; waive over $14,000 in rent arrears and other fees; train employees with job duties related to reviewing or evaluating rental applications on the NYC Human Rights Law and source of income discrimination; revise their tenant screening policies, and display the Commission’s “Fair Housing, It’s the Law” poster at any and all of the buildings in their portfolio.

May 2020

NYC Landlord Pinnacle Management Settles a Source of Income Discrimination Case for $50,000 in Damages and Extensive Affirmative Relief, Including the Set Aside of Apartments for Voucher Holders
Complainant, a recipient of the Family Eviction Prevention Subsidy (FEPS), filed a complaint alleging that Respondents Pinnacle Management rejected her application for an apartment because they were not aware of the FEPS program and did not believe that Complainant would be able to pay rent. Pinnacle Management entered into a conciliation agreement in which they agreed to pay $50,000 in emotional distress damages to Complainant, undergo training on the source of income provisions of the NYC Human Rights Law, post CCHR's "Fair Housing, It's the Law" poster in all business offices and buildings under their control for at least one calendar year, and email all agents and licensed or unlicensed brokers information on the NYC Human Rights Law source of income provisions. In addition, Pinnacle Management agreed to set aside four apartments in their portfolio for applicants with housing subsidies or vouchers and update their policies in accordance with the source of income provisions of the NYC Human Rights Law.

Employer, 1199 SEIU Child Care Fund, Pays $31,500 in Damages and Civil Penalties To Resolve Gender-Based Harassment Claims
Complainant, an employee of a labor union fund, filed a complaint alleging that her supervisor subjected her to a gender-based hostile work environment. Through its investigation, the Law Enforcement Bureau discovered evidence to support allegations that Complainant’s supervisor made inappropriate sexual comments and subjected Complainant to unwanted touching on multiple occasions. The Commission and the parties entered into a conciliation agreement requiring Respondent to pay Complainant $21,500 in emotional distress damages, pay $10,000 in civil penalties, provide all of the fund’s employees with anti-sexual harassment training, ensure that it has meaningful policies in place to address complaints of discrimination, post the Commission’s Stop Sexual Harassment Act Notice, and distribute the Commission’s Stop Sexual Harassment Act Fact Sheet.

Touro College Pays $69,914.00 for Failing To Provide a Reasonable Accommodation to Employee with Disability
Complainant sought a schedule adjustment from her employer, Touro College, related to her disability. Touro refused to grant the accommodation and terminated Complainant. After its investigation, the Law Enforcement Bureau credited Complainant’s allegation. Touro agreed to pay $45,000.00 in emotional distress damages, $20,000.00 in civil penalties, and $4,914.00 in back pay. Touro also agreed to modify its employee policies to comply with the NYC Human Rights Law as well as train its managers and supervisors on the NYC Human Rights Law.

NYC Fire Services and Guards LLC Pays $12,500 in Damages and Civil Penalties for Subjecting Applicants to Questions Which Violated the Fair Chance Act
A job applicant filed a complaint against of discrimination against NYC Fire Services and Guards LLC alleging that Respondents unlawfully inquired into his criminal history prior to a conditional offer of employment and improperly denied him employment on the basis of his criminal history. The Commission’s Law Enforcement Bureau conducted an investigation and concluded that there was probable cause to credit the complainant’s allegations that Respondents unlawfully inquired into his criminal history prior to a conditional offer of employment. The Commission, the Complainant and Respondent entered into an agreement for Respondent to pay Complainant $5,000 in emotional distress and a civil penalty of $7,500.

Alliance Building Services Pays $25,000 in Damages and Penalties for Violations of the Fair Chance Act
A job applicant filed a complaint against of discrimination against Alliance Building Services alleging that Alliance Building Services unlawfully inquired into his criminal history prior to a conditional offer of employment and improperly denied him employment on the basis of his criminal history. The Law Enforcement Bureau conducted an investigation and concluded that there was probable cause to credit the complainant’s allegations that Alliance Building Services unlawfully inquired into his criminal history prior to a conditional offer of employment. The Commission, the Complainant and Respondent entered into an agreement for Respondent to pay the complainant $15,000 in emotional distress and a civil penalty of $10,000.

NYC Department of Correction Agrees To Pay $6,000 and Put Up Postings to Settle Former Employee’s Race and Marital Status Discrimination Claim
Complainant, an investigator for the NYC Department of Corrections, alleged that during an interview for a specialized unit a supervisor asked about his marital status and stated that members of Complainant’s race never made it on to Respondent’s team. Complainant responded that he was engaged. Respondent then informed Complainant that Complainant not been chosen for the unit. As part of the conciliation, Respondents agreed to pay Complainant $6,000 in emotional distress damages and post the Commission's “Notice of Rights” poster.

Gristedes Agrees To Pay $11,000 in Damages, Retrain all NYC Employees, Revise Policies, and Post Notice of Rights in all NYC Stores
Complainant, who identifies as an intersex woman, filed a complaint against Gristedes alleging that she heard an employee tell another employee while she was shopping that Complainant was "really a man." After receiving the Complaint, Respondent conducted an internal investigation and took appropriate disciplinary action against the involved employees. To resolve the case, Respondent agree to pay Complainant $11,000 in emotional distress damages; train its New York City employees on protections against gender discrimination under the New York City Human Rights Law; update its anti-discrimination policies; and post the Commission’s Notice of Rights poster in all New York City places of business.

New York Institute of Technology Pays $45,000 in Damages, Penalties, and Attorneys’ Fees in Fair Chance Act Case, Revises Policies, Conducts Training, and Puts Up Postings
Complaint filed a complaint alleging that she was unlawfully denied a position due to her criminal history after receiving a conditional offer of employment, and that Respondent's application contained a question about criminal history several months after the passage of the Fair Chance Act. The Commission joined the action through a Commission-initiated complaint due to the presence of the illegal question on the application. Respondent quickly modified the application but disputed the reason for withdrawing the conditional offer of employment. The Commission's investigation revealed that Respondent's application was only distributed to a small subset of applicants. To resolve the case, NYIT agreed to pay $23,333.33 in emotional distress damages, $11,666.66 in attorney's fees, a $15,000 civil penalty, and to revise its policies to conform with the NYC Human Rights Law, provide anti-discrimination trainings to employees, and to post the Commission’s Notice of Rights Poster in every New York City location.

Landlord Pays $9,000 in Damages for Failing to Accommodate Tenant; Replaces Bathtub, Changes Policies, Posts Anti-Discrimination Notices in 14 Buildings, and Agrees to Training
A Bronx tenant requested an accommodation for her landlord to modify her bathtub in order to accommodate her disabilities.The tenant filed a complaint alleging that her landlord refused to replace the bathtub. During the Law Enforcement Bureau's investigation, the landlord replaced the tub, and the property manager attended an anti-discrimination training. Complainant, Respondents, and the Commission then entered into a conciliation agreement requiring Respondents to pay $9,000 in emotional distress damages to Complainant. Respondents also agreed to update their policies and procedure on reasonable accommodation requests, to post nondiscrimination notices across their 14 buildings, and for the landlord to also attend an anti-discrimination training.

Center for Behavioral Health Services Agrees to Remove Gender Distinctions from Dress Code
After reviewing the dress code policy for the Center for Behavioral Health Services (“CBHS”) as part of a Complainant-filed employment case, the Commission sent a cease and desist letter to CBHS informing it that gender distinctions in its dress code were in violation of the NYC Human Rights Law. CBHS revised its dress code and signed a stipulation and order agreeing to distribute the revised policy to its employees.

April 2020

Commission-Initiated Case Settles Against Landlord-Respondent Who Denied Voucher Holder for $7,500 and Set-Aside Apartments
After testing revealed discrimination based on an applicant’s use of a rental assistance voucher, the Commission initiated and settled a case with 220 72nd Street Realty Corp. The Respondents were cooperative with the Commission’s process and were required to pay $7,500 in civil penalties, make changes to ensure their policies were compliant with the source of income provisions of the NYC Human Rights Law, attend training on the NYC Human Rights Law, send notices about the source of income protections under the NYC Human Rights Law to Respondents’ brokers and agents, and post notices of rights in their building. The Respondents also participated in the Commission’s “set aside” program, wherein they helped secure an apartment for another housing-unstable voucher holder as part of the settlement agreement.

Crunch Fitness Pays $60,000 in Damages and Penalties and Changes National Hiring Policy To Settle Two Fair Chance Act Cases
Crunch LLC (“Crunch”), the company that runs the national gym chain Crunch Fitness, has agreed to settle two cases filed by personal trainers who were rejected because of their criminal histories. An investigation by the Law Enforcement Bureau confirmed that Respondent Crunch properly waited until making a conditional offer of employment to do background checks, but then failed to give Complainants individualized assessments of their criminal histories. Instead, they used the same generic reasoning that improperly weighed the relevant factors, in violation of the Fair Chance Act. Crunch agreed to pay a total of $40,000 in compensatory damages to the Complainants and $20,000 as a civil penalty; to change its national hiring policy to prevent background checks before making conditional employment offers; to revise its New York City hiring policy to match the requirements of the Fair Chance Act and the Commission’s own guidance; to post the Commission’s Know Your Rights notices in its offices; and to train its staff.

Broker Pays Damages for Discriminating Against a Complainant’s Lawful Source of Income
A small broker, Vanguard Residential LLC, discriminated against a Complainant because she was seeking to use a housing voucher while applying for apartments. The Respondent cooperated with the Law Enforcement Bureau’s investigation and sought to mitigate damages to the Complainant. The Respondent agreed to attend training on the NYC Human Rights Law and pay the Complainant $2,500 in emotional distress damages.

Services for the Underserved, Inc. Settles Complaint Alleging Discrimination on the Basis of Criminal Conviction History for $35,500 in Damages and Penalties
Complainant, a prospective employee, filed a complaint against Services for the Underserved, Inc., a nonprofit agency providing services to individuals with disabilities, alleging that her job offer had been unlawfully rescinded after a required background check. The Law Enforcement Bureau’s investigation confirmed that Respondent failed to conduct a complete analysis of the Article 23-A factors under the New York State Corrections Law. Following the investigation, the parties agreed to enter into a settlement agreement in which Respondent Services for the Underserved, Inc. agreed to pay Complainant $21,000 in emotional distress damages; $500 in backpay damages; and pay a $14,000 civil penalty. The Respondent also agreed to create a comprehensive policy regarding assessment of applicants with criminal conviction histories' to provide training to human resources employees; and to display postings outlining its obligations under the NYC Human Rights Law.

March 2020

Fashion Retailer Zara Agrees to Pay $30,000 in Emotional Distress Damages, Train Its Employees, and Work With Community Organizations to Create Employment Opportunities for Transgender, Gender Non-Conforming, and Non-Binary New Yorkers
Complainant, who identifies as gender non-binary, filed a complaint against Zara alleging that they faced gender-based discrimination and harassment while trying to use fitting rooms at Zara stores in New York City. Following the Law Enforcement Bureau’s investigation, the Commission, Complainant, and Zara entered into a conciliation agreement requiring Zara to pay Complainant $30,000 in emotional distress damages; train its New York City employees on the New York City Human Rights Law and the Commission’s Gender Identity and Gender Expression Legal Enforcement Guidance; post in its New York City places of business the Commission’s Notice of Rights poster, the Commission’s Equal Bathroom Access Poster, and a policy explaining that patrons can use the fitting room that most closely aligns with their gender identity; and partner with the New York City LGBT Community Center, and at least one community-based organization dedicated to serving the transgender, gender non-conforming, and non-binary communities, to create employment opportunities for these communities.

Read more about Zara settlement

Restaurant Pays Damages in Private Settlement for Sexual Orientation Workplace Harassment
Complainant, a server at a large Manhattan restaurant with a single location, alleged that he was harassed by coworkers and improperly terminated because of his sexual orientation, in violation of the New York City Human Rights Law. Complainant alleged that after his coworkers learned that he was bisexual, he was ridiculed, groped, and teased on a regular basis, including in front of an owner of the restaurant. Ultimately, Complainant alleged that he attempted to report hostile work environment, but that no steps were taken by the owners to address the unlawful conduct. The Law Enforcement Bureau issued a finding of probable cause against the Respondent restaurant and its owners, and thereafter Complainant and Respondents entered into a private settlement agreement resolving the case for $30,000 in damages to Complainant.

Swatch Pays Damages, Civil Penalties, and Undertakes Affirmative Relief in Stop Credit Discrimination in Employment Act Case
Complainant alleged that he visited a Swatch Group (US) Inc. store location to apply for a retail position, where he was presented with a paper application requesting that he authorize the employer to check his credit report, in violation of the New York City Human Rights Law's Stop Credit Discrimination in Employment Act protections. He was dissuaded from applying for the job due to his credit history, and filed a complaint with the Law Enforcement Bureau. Upon investigating, the Law Enforcement Bureau discovered that the Respondent's application form also requested authorization to conduct criminal background checks in violation of the Fair Chance Act. During the pendency of the investigation, Respondent updated its application form to come into compliance with the New York City Human Rights Law. Complainant, Respondent, and the Law Enforcement Bureau entered into a conciliation agreement requiring the payment of $17,750 in damages to complainant, including attorneys' fees, a $17,250 civil penalty, and affirmative relief including conducting training for all personnel involved in hiring and posting of the Commission's materials on the use of criminal conviction history and credit reporting in hiring.

NYC Department of Education Agrees to Pay $100,000, Conduct Training, and Put Up Postings to Settle Former Employee’s Religious Discrimination Claim
Complainant, who worked for an adult career center run by the New York City Department of Education, alleged that her employer discriminated against her by failing to reasonably accommodate her need for leave to observe a religious holiday, causing her constructive termination. Complainant had taken the same leave for three years in a row, but in her fourth year, her new manager stated Complainant would only be approved for a portion of the time she requested. Despite Complainant’s explanation that the shorter time was insufficient for her to fulfill her religious obligations, and her repeated requests for reconsideration, Respondents denied her request without explanation. As a result, Complainant resigned from her job so she could comply with the obligations of her faith. Through the parties’ conciliation, Respondents agreed to pay Complainant $80,000 in back pay and $20,000 in emotional distress damages; conduct anti-discrimination training, including a focus on NYC Human Rights Law protections for religious accommodations; and post the Commission's “Notice of Rights” poster.

February 2020

Dolphin Fitness Agrees to Change Policies to Allow Transgender Patrons to Use Proper Facilities
After receiving credible information that Dolphin Fitness, a Bronx gym, said that transgender people could not use the facilities that accorded with their gender identities unless they had surgery, the Commission sent a cease and desist letter and ultimately came to an agreement with Strong Pelham Fitness, Inc. (“SPF”), the gym’s owner, which also owns and operates another Dolphin Fitness in Brooklyn. SPF signed a stipulation and order agreeing to revise its policies to apply equally to all genders and to allow people to use the sex-segregated facilities that accord with their gender identities. PSF will also post the Commission’s Notice of Rights, Single-Sex Facilities Notice, and “Pink and Blue” campaign posters at both Dolphin Fitness locations, and a member of PSF’s management will attend training at the Commission.

XSport Fitness Agrees to Change Policies to Allow Transgender Patrons to Use Proper Facilities
After receiving credible information that XSport Fitness, which runs a Bronx gym, said that transgender people could not use the facilities that accorded with their gender identities unless they had surgery, the Commission sent a cease and desist letter and ultimately came to an agreement with CF Management-NY, LLC (“CFM”), the gym’s owner. CFM signed a stipulation and order agreeing to revise its policies to apply equally to all genders and to allow people to use the sex-segregated facilities that accord with their gender identities. CFM will also post the Commission’s Notice of Rights, Single-Sex Facilities Notice, and “Pink and Blue” campaign posters at its Bronx location, and a member of its management will attend training at the Commission.

Securitas Security Services Settles Disability Discrimination Case for $15,000 in Damages and Penalties and Agrees to Training, Policy Revisions and Legal Postings
Complainant filed a disability discrimination complaint against Securitas Security Services alleging that Respondents failed to accommodate her disability, constructively terminated her employment, and retaliated against her based on her disability. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 as a civil penalty and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondents to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commission’s notice of rights in their branch office.

InDinero, Inc. Agrees to Pay $65,000 in Damages, Penalties, and Attorney’s Fees After Job Applicant was Denied a Position Because of His Criminal History
A prospective employee filed a complaint against InDinero, Inc., an accounting software and services company, alleging that Respondent had offered him a job, then suddenly withdrew the offer based on his criminal history. The employer had failed to properly apply the Article 23-A analysis pursuant to the Fair Chance Act. InDinero, Inc. agreed to pay $11,666.67 in back pay, $18,333.33 in attorney’s fees, $25,000 in emotional distress damages, and $10,000 in civil penalties, and to revise their hiring policies and practices.

Cosmopolitan Club Agrees to Gender-Neutral Admissions and Dress Policies
After receiving credible information that The Cosmopolitan Club (the “Club”), a members-only, full-service club on the Upper East Side had different admissions and dress policies for men and women, the Commission sent a document demand seeking more information. The Club signed a stipulation and order agreeing to create a new anti-discrimination policy that set the same standards for all genders. The Club will also post the Commission’s Notice of Rights and a member of its management will attend training on the New York City Human Rights Law at the Commission.

Colonial Road Associates LLC and Rosario Parlanti Agrees to Pay $10,000 in Civil Penalties and to Set Aside Units for Voucher Holders
In a Commission-initiated case, Respondents, who are landlords, were found to have refused a Section 8 voucher holder in violation of the New York City Human Rights Law. The Commission and Respondents reached a settlement agreement that required them to pay $10,000 in civil penalties; make changes to ensure their policies were compliant with the source of income provisions of the Law; attend training; send notices about the Law to Respondents’ agents; and post notices of rights in the buildings they own throughout New York City. The Respondents also agreed to place two voucher holders in immediate need of housing in “set aside” units as part of the agreement.

New York City Management, LLC and Besen & Associates Pay $40,000 in Damages for Refusing Section 8 Voucher Holder, Changes Policies and Agrees to Training
A prospective tenant who received rental assistance through Section 8 filed a complaint alleging that a broker would not allow her to apply for an apartment because of her rental voucher. At the time, Complainant was a homeless mother. Respondents cooperated fully with the Commission’s investigation. Complainant and Respondents entered into a conciliation agreement requiring Respondents to pay $25,000 in emotional distress and lost housing opportunity damages to Complainant and $15,000 in civil penalties to the general fund of the City of New York. Respondents also updated their policies on source of income discrimination and agreed to attend an anti-discrimination training.

Design House and Luxury Retailer Prada USA Corp. Agrees to Groundbreaking Settlement and Commits to Restorative Justice Measures Including Creating a Scholarship Program, Hiring a Diversity and Inclusion Officer, Undergoing Racial Equity and Training, and Increasing Staff Diversity
In December 2018, the Commission's Law Enforcement Bureau issued a cease and desist letter and launched an investigation into Prada’s display and sale of its “Pradamalia” merchandise. The monkey figurine from the collection evoked images of Sambo, a caricature that, over generations, has been used to mock and dehumanize Black people. A Complainant also filed a complaint against Prada in January 2019. Following the Law Enforcement Bureau’s investigation, the Commission, Complainant, and Prada entered into a conciliation agreement requiring Prada to ensure that its New York City employees and certain Milan-based executives receive racial equity training and training on the New York City Human Rights Law; develop a scholarship program for people historically underrepresented in fashion; appoint a senior, director-level diversity and inclusion officer who will review Prada’s advertising and products sold in the United States, as well as review and monitor Prada’s anti-discrimination policies; maintain Prada’s Diversity and Inclusion Council, launched by Prada in February of 2019, with a minimum of three to five members for a period of at least six years, with regular reporting by Prada on the council’s progress to the Commission; and commit to increasing the diversity of its staff; and submit to two years of monitoring by the Commission.

Press Release | New York Times Story

Shin Gallery Agrees to Settle Disability Discrimination Claim by Creating Reasonable Accommodation Policy and Undergoing Training
Complainant alleged discrimination by Respondent Shin Gallery for refusing to grant Complainant’s request for a reasonable accommodation for his disabilities, i.e., CART services, in order for Complainant to attend a public event at the gallery. The parties agreed to settle the matter using the Commission’s pre-complaint intervention process. Respondent Shin Gallery agreed to create a policy in accordance with its obligations under the New York City Human Rights Law to provide reasonable accommodations and to attend training on the Law.

January 2020

Securitas Security Services Settles Disability Discrimination Case by Paying $15,000 in Backpay, Damages, and Penalties; Agrees to Training, Policy Revisions, and Postings
Complainant filed a disability discrimination complaint against Securitas Security Services alleging a failure to accommodate her disability, constructively terminating her employment, and retaliating against her based on her disability. Respondents agreed to pay $3,600 in backpay, $6,400 in emotional distress damages, $5,000 in civil penalties to the general fund of the City of New York and to conduct anti-discrimination training, create a reasonable accommodation policy that places an obligation on Respondent to initiate a cooperative dialogue in accordance with the requirements of the New York City Human Rights Law, submit to monitoring for one year, and post the Commission’s notice of rights in their office.

Bloomsbury Publishing Settles Salary History Discrimination Claim, Pays $5,000 Civil Penalty; and Agrees to Policy Changes, Training, and Postings
After receiving credible information that Bloomsbury Publishing was asking job applicants for salary history, in violation of the New York City Human Rights Law, the Commission filed a Commission-initiated complaint. The parties agreed to a settlement in which Bloomsbury paid $5,000 as a civil penalty to the City; revised its policies to prohibit discrimination based on salary history, credit, and criminal history; and revised its job application template to comply with the revised policies. Bloomsbury will also post the Commission’s Notice of Rights and Salary History Ban posters in its offices and a member of its management will attend training at the Commission.

Pacific Street Hospitality Agrees to Policy Changes, Training, and Postings for Discriminatory Admission Policies at Ethyl’s Alcohol and Food
After receiving credible information that Ethyl's Alcohol and Food, a Manhattan bar, had different standards for admitting people based on gender and on sexual orientation, the Commission sent a cease and desist letter and ultimately came to an agreement with Pacific Street Hospitality (“PSH”), the hospitality group that owns the bar. PSH signed a stipulation and order agreeing to revise its admission policies to apply equally to people of all genders and sexual orientations. PSH will also post the Commission’s Notice of Rights and a member of its management will attend training at the Commission.

97 Euclid Realty Pays $35,000 in Damages and Civil Penalties, Agrees to Affirmative Relief to Resolve Retaliation Claim
A tenant filed a complaint alleging that her building’s superintendent sexually assaulted her and that her landlord increased her rent after she obtained an order of protection against the superintendent. The Commission’s Law Enforcement Bureau conducted an investigation and found probable cause that Respondents raised Complainant’s rent in retaliation for seeking the order of protection. After the Law Enforcement Bureau issued probable cause and referred the case to the Office of Administrative Trials and Hearings, Respondents agreed to pay Complainant $15,000 in damages, pay a $20,000 civil penalty to the general fund of the City of New York, update its anti-discrimination policies, conduct trainings on the New York City Human Rights Law, and post the Commission’s Fair Housing poster on its premises.

HFF Realty LLC and Manager Agree to Policy Changes, Training, and Postings After Refusing to Accommodate Emotional Support Animals
Testing conducted by the Commission revealed that HFF Realty refused to reasonably accommodate emotional support animals for tenant applicants. The Commission sent a cease and desist letter and ultimately came to an agreement with both HFF and an HFF manager, who both signed a stipulation and order agreeing to revise its policies on service and emotional support animals. HFF will also post the Commission’s Notice of Rights and the manager will attend training at the Commission.

Richard Sandoval Hospitality Agrees to Training and Notice of Rights Postings for Discriminatory Questions about Immigration at a Manhattan Restaurant
After receiving credible information that Zengo, a restaurant in Manhattan, was making inappropriate inquiries regarding the immigration status of its customers, the Commission sent a cease and desist letter and ultimately came to an agreement with Richard Sandoval Hospitality (“RSH”), the restaurant’s corporate owner. RSH submitted its policy for review and signed a stipulation and order agreeing to post the Commission’s Notice of Rights and Protections Based on Immigration Status and National Origin posters at Zengo and its co-located bar, La Biblioteca de Tequila. A member of RSH’s management will also attend training at the Commission.

Uptown Dance Academy Agrees To Revise Hair Policy to Allow Braids
After receiving reports that Uptown Dance Academy was not allowing its students to perform with braided hair, the Commission sent a cease and desist letter and ultimately came to an agreement with the Academy. The Academy signed a stipulation and order agreeing to revise its policy to make clear that natural hairstyles and hairstyles commonly associated with Black people or with other racial, ethnic, or cultural identities, including, but not limited to, braids, shall be allowed, and that any safety or other restrictions on hairstyle shall not discriminate based on racially protected characteristics. The Academy will also post the Commission’s Notice of Rights and natural hair posters along with its new policy, and a member of its management will attend training at the Commission.

Yodle Inc. Settles Case for $5,000 in Civil Penalties After Using Unlawful Language in their Employment Applications
A prospective job applicant used Yodle’s online employment application system to apply for a sales position at the company. The online application contained language authorizing Yodle to contact law enforcement and credit agencies. The Commission’s Law Enforcement Bureau (“LEB”) conducted an investigation, including a review of the allegations and Yodle’s employment applications. LEB found that the authorization form used by Yodle in their employment applications was in violation of the New York City Human Rights Law (“NYCHRL”). Yodle and the Commission entered into a conciliation agreement requiring Yodle to pay $5,000 in civil penalties and to continue to comply with the NYCHRL in its employment applications.

NYC Health + Hospitals Corporation Pays $140,000 in Emotional Distress Damages To Resolve Gender-Based Harassment Claims
An employee of the New York City Health and Hospitals Corporation (“H+H”) filed a complaint alleging that a senior manager within the Equal Employment Opportunity office at H+H sexually harassed her over a period of several years, attempting to kiss her, making comments about her body, attire, and appearance, and routinely making sexual innuendos and advances towards her. The Law Enforcement Bureau’s investigation established that the same manager engaged in similar harassing conduct towards other employees and issued a finding of probable cause. The Commission and the parties entered into a conciliation agreement requiring H+H to pay the Complainant $140,000 in emotional distress damages, post the Commission’s Notice of Rights and distribute the Stop Sexual Harassment Act factsheet, and establish an additional avenue for Equal Employment Opportunity staff to report allegations of harassment and discrimination. The former manager, no longer employed with H+H, was required to attend the Commission’s Anti-Sexual Harassment Training.