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 2008
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.