2012 Settlement Highlights

^{Among the Commission's 2012 settlements, a complainant was awarded $50,000 in damages after being denied employment due to his perceived criminal record (September).}

The Commission has the authority to assess fines and obtain monetary damages for those aggrieved by violations of the NYC Human Rights Law. Additionally, the Commission may negotiate additional remedies including rehiring, policy change, training, and modifications for accessibility. Below you will find a list of selected monthly settlements by the Commission's Law Enforcement Bureau, for Calendar Year 2012.

December 2012

The Commission ordered Respondent landlord to pay Complainant $5,000 for refusing to accept Complainant’s rental payment assistance voucher. Respondent landlord will also pay a civil penalty of $2,500 and undergo anti-discrimination training. Complainant obtained another apartment while the case was pending at the Commission.

The Commission ordered two separate Respondent employers to pay civil penalties of $2,500 each for posting discriminatory employment advertisements expressing a preference for men. Each Respondent employer will also undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $5,150 in damages for making a discriminatory employment decision based upon Complainant’s age.  Complainant, who is 80 years old and a per diem substitute teacher employed by the DOE, alleges she was denied a one day assignment by a high school principal because of her age. Complainant remains employed by the DOE and continues to accept per diem assignments.  Respondent principal was also ordered to undergo anti-discrimination training.

November 2012

The Commission ordered Respondent employer to pay Complainant $10,000 in damages for terminating Complainant’s employment after Respondent’s insurer denied Complainant short-term disability leave.  Due to Complainant’s disability, Complainant was never able to return to work and retired. Respondent employer will also pay a civil penalty of $7,500 and undergo anti-discrimination training.

After Complainant filed a complaint with the Commission, Respondent employer agreed to pay Complainant $10,000 in damages for denying Complainant equal terms and conditions of employment based on race.

After Complainant filed a disability discrimination complaint with the Commission, Respondent employer agreed to pay Complainant $51,460.12 in damages.

October 2012

After Complainant filed a complaint with the Commission, Respondent employer agreed to pay Complainant $30,000 in damages for refusing to hire Complainant due to his conviction record.

The Commission ordered another two Respondent employers to pay civil penalties of $2,500 each for posting discriminatory advertisements expressing preferences for women. Each employer will also undergo anti-discrimination training.

September 2012

The Commission ordered two Respondent employers to pay civil penalties of $2,500 each for posting discriminatory advertisements expressing preferences for women. Each employer will also undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $50,000 in compensatory damages for withdrawing an offer of employment strictly due to Complainant’s perceived conviction record. In addition, Respondent employer will pay a civil penalty of $10,000, as well as undergo anti-discrimination training.

August 2012

The Commission ordered Respondent landlord to pay Complainant $7,500 for refusing to accept Complainant’s rental payment assistance voucher, which was only good for two years.  Respondent landlord will also pay a civil penalty of $5,000 and undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $30,591 for terminating Complainant’s employment while she was out on medical leave following a complicated pregnancy.  Respondent was also ordered to reinstate Complainant, as well as undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $5,000 for making a discriminatory employment decision based upon Complainant’s age.  Complainant retained her job, and Respondent employer was also ordered to undergo anti-discrimination training.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

After the Commission issued a finding of probable cause, Respondent landlord agreed to reimburse Complainant $6,739.02, which represents rent payments made by Complainant after Respondent landlord refused to accept Complainant’s Section 8 voucher. In addition, Respondent landlord will provide Complainant with a rent abatement for three years, totaling $13,478.04.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

July 2012

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women.  Respondent employer will also undergo anti-discrimination training.

Pursuant to Conciliation Agreements, the Commission ordered two separate employers to pay civil penalties of $2,500 each for posting discriminatory advertisements expressing a preference for women.  Each employer will also undergo anti-discrimination training.

The Commission ordered Respondent co-op board to provide Complainant, who has a mobility impairment, with a temporary parking spot as a reasonable accommodation, as well as move Complainant’s name to the top of the waiting list for a permanent spot.

June 2012

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

As part of a settlement, the Commission ordered Respondent real estate broker to pay Complainant $10,000 in damages after one of its employees suggested he could help Complainant find an apartment if Complainant engaged in a sexual relationship with him.  Respondent was also ordered to pay a civil penalty of $10,000.  Respondent is no longer in business.

May 2012

The Commission ordered Respondent employer to pay Complainant $27,500 in lost wages and emotional distress damages for failing to provide Complainant with a reasonable accommodation for her disability and terminating her employment.  Respondent rehired Complainant and was also ordered to pay a civil penalty of $20,000 and undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $5,000 in emotional distress damages after a supervisor called Complainant by an offensive name regarding Complainant’s sexual orientation.  Complainant was a seasonal employee near the end of her assignment.  Respondent will also undergo anti-discrimination training.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $10,000 in lost wages and emotional distress damages after Complainant was terminated by Respondent due to an old conviction, which was unrelated to his job. Complainant immediately found new employment. Respondent was also ordered to undergo anti-discrimination training.

The Commission ordered Respondent housing provider to pay a civil penalty of $6,500 for posting a discriminatory advertisement refusing to accept Section 8 or other voucher applicants, which was verified by a Commission tester.  Respondent must also undergo anti-discrimination training.

April 2012

The Commission issued a Decision and Order in Politis v. Marine Terrace et al, wherein it Ordered Respondents to pay Complainant $75,000 in compensatory damages, a fine to the City of $125,000 and the installation of a ramp at the Complainant’s residence. Respondents ignored Complainant’s request for an accommodation for 4 years, installed video cameras in an attempt to catch her walking and disregarded the opinion of an architect they hired who recommended the installation of a ramp in 2008.
 
In two separate pregnancy discrimination cases, the Commission ordered Respondent employers to pay $30,000 and $25,000 for terminating Complainants just before and while on maternity leave. Neither Complainant wanted to return to Respondents’ employ (one got a better job and the other decided to cease working). The damages included lost wages and mental anguish. Both Respondents are required to train their employees regarding protections afforded by the New York City Human Rights Law.

The Commission ordered a Restaurant to pay a $10,000 fine to the City for placing a job advertisement that expressed a preference for women. This is the second time the same restaurant is being fined for similar behavior.

The Commission ordered Respondent employer to pay a civil penalty of $5,000 and damages to Complainant in the amount of $20,000 for lost wages and emotional distress. Complainant was terminated after he informed a colleague, who was previously terminated, that the motivation for the termination was the colleague’s conviction record. All managerial employees at the company will undergo anti-discrimination training.

The Commission ordered Respondent Coop Board to provide Complainant with a reasonable accommodation to its “No Pets” policy by allowing Complainant to keep his emotional support dog.

The Commission ordered Respondent landlord to reimburse Complainant $9,000, which represents rent payments made by Complainant after Respondent landlord refused to accept Complainant’s Section 8 voucher.  Respondent landlord has since accepted Complainant’s Section 8 voucher.

March 2012

The Commission issued a Decision and Order in a Commission initiated case involving a discriminatory posting (i.e., expressing a preference for female employees) by a restaurant, as well as discriminating against a Commission Tester. The Commission adopted the Report and Recommendation of the ALJ at OATH and ordered a fine of $7,500 and training for all employees.

In two similar cases, the Commission ordered Respondent restaurants to pay civil penalties of $5,000 and $2,500 for posting discriminatory advertisements expressing a preference for women and young people. Each is required to undergo anti-discrimination training. These were also Commission initiated; however, they were settled pre-trial.

The Commission ordered Respondent employer to pay a civil penalty of $10,000 and damages to a complainant in the amount of $13,771 for lost wages and emotional distress. Complainant was terminated after a manager learned he had a conviction record. In a related case, to be settled shortly, the Complainant’s immediate supervisor was also terminated for revealing the real motivation for Complainant’s termination. All managerial employees at the company will undergo anti-discrimination training.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

The Commission ordered Respondent employer to pay a civil penalty of $4,000 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training. The case was initiated through the Commission’s testing program.

February 2012

The Commission Ordered two restaurants to pay a fine of $2,500 each for posting employment advertisements that expressed a preference for women. Each restaurant was required to provide training to their managerial staff regarding non-discriminatory hiring practices.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training.

The Commission ordered Respondent landlord to provide Complainant with a stair lift to accommodate Complainant’s disability.

The Commission ordered Respondent employer to pay Complainant $7,500 for terminating Complainant’s employment after she complained of gender discrimination. Respondent immediately offered to give Complainant her job back, but she refused.

The Commission ordered Respondent restaurant to pay Complainant $4,000 for prohibiting Complainant from entering the restaurant with her service animal.

January 2012

On January 9, 2012, the Commission adopted the recommendation of an Administrative Law Judge employed by OATH and issued a Decision and Order finding Respondent landlord (River Bay) liable for failing to accommodate Complainant’s disability by modifying its no pet policy.  In addition to keeping her comfort animal, Complainant was awarded $50,150 in compensatory damages. Respondent must also pay a civil penalty of $40,000 to the City of New York. Respondent was previously cited by HUD for similar violations.

The Commission ordered Respondent employer to pay a civil penalty of $2,500 for posting a discriminatory advertisement expressing a preference for women, as well as undergo anti-discrimination training. This case resulted from the Commission’s testing efforts.

As the result of the Commission’s testing program, the Commission ordered Respondent employer to pay a civil penalty of $5,000 for posting a discriminatory advertisement limiting employment to women, and making discriminatory hiring decisions based on gender. Respondent must also undergo anti-discrimination training.

The Commission ordered Respondent employer to pay Complainant $22,500 for terminating Complainant’s employment after she complained of discrimination.

The Commission ordered Respondent employer to revise its post disability return policy, which required employees to return without restrictions, a violation of the NYCHRL.  Respondent must also pay a civil penalty of $10, 000 and undergo anti-discrimination training.

The Commission ordered Respondent landlord to provide Complainant, a person with a disability, an accessible apartment, as well as make internal modifications to the apartment to accommodate Complainant’s disability.