Wednesday, July 13, 2022

Attorney General James Secures Settlement for Victims of Sexual Harassment, Discrimination, and Wage Theft at NYC Bar

 

$500,000 To Be Distributed to More Than a Dozen Current and Former Employees of Sweet and Vicious

 New York Attorney General Letitia James today announced a settlement awarding $500,000 to more than a dozen current and former employees of Sweet and Vicious, a Manhattan bar, for sexual harassment. An investigation conducted by the Office of the Attorney General (OAG) found that the bar and its owner, Hakan Karamahmutoglu and 5 Spring Street Corp., maintained a hostile and discriminatory workplace in which employees experienced sex discrimination, sexual and gender-based harassment, race and national origin discrimination, and wage theft. Employees were routinely subjected to inappropriate comments regarding their race, sexuality, bodies, and appearances, and suffered unwelcomed sexual advances from managers and customers. The settlement is the latest in Attorney General James’ efforts to protect workers from workplace harassment and discrimination.

“This settlement is a reminder that no matter the perpetrator, we will not tolerate sexual harassment, discrimination, or wage theft of any form in the workplace,” said Attorney General James. “For far too long, workers in the hospitality industry have been forced to weather a pervasive culture of sexual harassment and discrimination that has gone unreported. Every New Yorker should be able to go to work free from fear of abuse and degradation regardless of industry, and I pledge to continue to stand with all workers in the face of these harmful practices. I am grateful to the former and current employees of Sweet and Vicious for using their voices to fight for safe, harassment-free workplaces for all.”

The agreement is the culmination of a 16-month investigation into allegations against Karamahmutoglu and Sweet and Vicious. Documents, records, and interviews with current and former employees revealed a pervasive culture of discrimination and repeated pattern of harassment. 

Karamahmutoglu routinely insulted female employees, calling them “bitches,” and “cows,” and scrutinized their appearance, commenting on their bodies and clothing. Multiple female employees were sexually harassed by male managers who made unwanted sexual advances, including an instance of an employee announcing the color of a female bartender’s underwear and saying he wanted to engage her in a sexual manner, as well as a manager repeatedly finding opportunities to rub himself up against a female employee. Several female bartenders experienced frequent harassment by violent customers who would threaten to stab, rape, and beat them.

Many employees cited race and national origin discrimination, including Karamahmutoglu calling Black employees “gangsters,” and referring to a Puerto Rican manager as a “terrorist,” and “Puerto Rican trash.” The owner and managers also frequently used anti-gay slurs.

In response to complaints from employees regarding harassment from coworkers and customers, Karamahmutoglu took insufficient action to address the behavior or prevent it from happening again — at least one employee’s report was laughed off as a “misunderstanding.”

Multiple bartenders also reported having to stand for eight hours or more without being allowed to eat or take a break, as well as a stricter code of conduct for women than for men. For example, female bartenders were not permitted to have their phones, drink, or use the bathroom during their shifts while male managers were not held to the same standards. 

Several employees worked more than 40 hours a week on certain work weeks but were not compensated with overtime pay, and one employee spent approximately 30 hours completing personal work for the owner but never received compensation. Multiple employees also reported instances of tip theft when customers would leave tips on credit cards. Further, Sweet and Vicious and its owner failed to provide consistent wage notices and statements to employees.

In addition to paying $500,000 to 16 former workers, the agreement requires the revision of anti-discrimination and harassment training materials and the display and distribution of notices regarding anti-discrimination and harassment rights and responsibilities. Sweet and Vicious will also be subject to periodic monitoring and oversight, including the submission of reports to OAG to certify compliance with the settlement. The OAG encourages anyone who worked at Sweet and Vicious and witnessed or was subjected to this treatment to email Civil.Rights@ag.ny.gov.

The settlement is part of Attorney General James’ ongoing efforts to address harassment and discrimination in the workplace. Last year, Attorney General James delivered $600,000 to survivors of sexual harassment and discrimination at restaurants owned by famed chef Mario Batali and Joseph Bastianich. In 2020, she secured $240,000 for 11 former employees of Kenneth Friedman-owned New York City restaurant The Spotted Pig

“I have deeply fallen in love with the hospitality industry in New York City. There are so many amazing, inspirational people within our beloved restaurant and bar community. Many of these establishments are small businesses that bring people together and reflect the spirit of the neighborhood. However, harassment and unfair treatment are very common in the restaurant and bar industry,” said Katy Guest, a former Sweet and Vicious employee. “All employees deserve to be treated with respect, both by management and their peers. This situation is certainly not the first of its kind, nor is it the last. Not speaking up is detrimental to our mental health and emotional capacity. This is a success story that I hope will continue to inspire others to recognize their self-worth and the power of fighting for what’s right.”

“I wish I could say this was the first time I was harassed by my employer in the service industry, or even the first time I've received a settlement for nonpayment of wages. This case is emblematic of intersecting national problems: the subjugation of workers, and sexual harassment of women in the workplace,” said Veronica Leventhal, a former Sweet and Vicious employee. “I would encourage anyone in the service industry to consider unionizing, as it is the only way to create anything close to equitable or safe working conditions. Sweet and Vicious is not an anomaly — it is a prime example of how men with unchecked power take advantage of their employees.”

“After years of constant sexual harassment in the New York City bar scene and the normalization of mistreatment, it’s comforting to see women receiving exposure and justice,” said Lindsey Farrington, a former Sweet and Vicious employee.

“Unfortunately, harassment of bartenders, servers, and other hospitality industry workers is rampant in New York City, and most of the time our reports of such behaviors are not taken seriously by management. It is incredibly validating to have our voices heard and for justice to be pursued by the New York Attorney General's Office. I will forever be grateful to those who helped bring these issues to light,” said Kim Anderson, a former Sweet and Vicious employee.

“I would like to thank the Attorney General’s office for the work they put into holding Sweet and Vicious accountable for the rampant discrimination and harassment they subjected their employees to over the years. I would also like to thank our team of lawyers who from the beginning believed in our case and provided us with an opportunity have our stories heard and our feelings validated,” said former Sweet and Vicious employee # 1. “In my time working at Sweet and Vicious, Hakan, his mother, and the all-male management team created an environment of distrust, surveillance, condescension, racism, and misogyny. Hakan was all too comfortable in unabashedly and frequently using racial, sexist, and homophobic slurs to refer to his employees and customers. Unfortunately, these behaviors have been normalized in the hospitality industry and I am happy to have taken part in holding Sweet and Vicious accountable. I am grateful that the many employees who suffered during their time at Sweet and Vicious have been given the opportunity to be heard, and I’m hopeful that this case will help to discourage Sweet and Vicious and other like-minded employers in the industry from subjecting future employees to the same harmful treatment.”

“The time that I spent working at Sweet and Vicious has reinforced traumas that I will undoubtedly spend years trying to overcome in therapy. It was, without a doubt, the most abusive company that I have ever had the misfortune of working for,” said former Sweet and Vicious employee # 2. “The racial, sexual and gendered humiliation and degradation that myself and my coworkers silently endured is more than anyone should ever have to experience while trying to earn a livable wage. It was and remains wildly unacceptable and the attitudes of misogyny and racism that pervade that place speak to a larger problem within the service industry at large. I will not delude myself into believing that this settlement will change the attitudes of the people in charge, but it is my hope that news of our fight will afford those that come after us the opportunity to go into these jobs with their eyes open and the wherewithal to demand humane treatment in a professional environment.” 

“I’m glad that Sweet and Vicious is finally held accountable for their actions. Hospitality workers are often seen as easily replaceable which makes us easy targets for greed and abuse. Hopefully this will be a lesson to owners in the industry to treat their employees with fairness and dignity,” said former Sweet and Vicious employee # 3.

“The brave survivors and workers who came forward to report this toxicity at Sweet and Vicious are laying an incredible foundation for long lasting change — and hopefully a sign of culture change for an industry so plagued with power-based violence,” said JoEllen Chernow, Co-Director of Organizing and Solidarity Circles at Survivors Know.

This case was handled by Senior Counsel in the Civil Rights Bureau Sandra Pullman, Civil Enforcement Section Chief Fiona J. Kaye, Former Civil Enforcement Section Chief Ming-Qi Chu, and Assistant Attorney Generals Elizabeth Koo and Jessica Agarwal under the supervision of Labor Bureau Chief Karen Cacace and Deputy Bureau Chief Julie Ulmet and with assistance from Principal Accountant Judith Welsh-Liebross and Senior Accountants Darshana Kamdar and Samuel Beltran. The Social Justice Division is led by Chief Deputy Attorney General Megan Faux and overseen by First Deputy Attorney General Jennifer Levy.

State Senator Gustavo Rivera Responds to Rising Monkeypox Epidemic in New York City

GOVERNMENT HEADER

In response to the expanding monkeypox epidemic in New York City, NY State Senator Gustavo Rivera released the following statement: 

“Being a metropolitan area, New York is always among the first to experience the burden epidemics bring to our country’s healthcare systems, healthcare workers, and everyday people. It shouldn’t be a surprise that when monkeypox popped up internationally, it eventually made its way here. Yet our city is facing shortages of vaccine allocations, homophobic groups pushing disinformation grossly and inaccurately blaming the LGBTQ+ community for yet another epidemic, and a general lack of circulation of factual information on precautions for the prevention of the disease. 

“COVID showed us that we have the capacity to adapt and respond effectively to disease outbreaks in New York City when we target enough resources towards finding a solution. Dealing with the monkeypox outbreak should be no different. Our health must always come first, and that means we need to do everything we can to keep New Yorkers informed and protected against this epidemic.”

STATEMENT FROM MAYOR ADAMS ON CALL WITH HHS SECRETARY BECERRA AND CDC DIRECTOR WALENSKY ON MONKEYPOX OUTBREAK

 

 New York City Mayor Eric Adams today released the following statement on his call with U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra and Centers for Disease Control and Prevention (CDC) Director Rochelle Walensky on the Monkeypox outbreak yesterday afternoon:  

  

“Commissioner Vasan and I had a call yesterday with HHS Secretary Becerra and CDC Director Walensky about our city’s needs to face this Monkeypox outbreak together. We discussed the supply constraints that New York City is facing and the urgency to expand our vaccine access footprint to more people, in more neighborhoods, through more partners and providers. We reaffirmed our shared commitment to address this outbreak in a manner that is equitable and addresses areas of highest need and those most at risk. We also shared our commitment to expeditiously address the current shortage through upcoming allocations in ways that are proportional to the current burden of disease here in New York City — the epicenter of the Monkeypox epidemic — while expanding our efforts on the ground to get New Yorkers accurate information and necessary precaution for prevention. Our administration’s ongoing partnership with the CDC, HHS, and the White House is critical to best protect New Yorkers, and we will do everything we can to ensure our communities are safe and healthy.”  


AFTER TENTH DEATH IN CITY CUSTODY THIS YEAR, NYC PUBLIC ADVOCATE RENEWS CALL TO END SOLITARY CONFINEMENT

 

"Sunday night, after allegedly facing torturous isolation and being denied critical care, Elijah Muhammad died alone in a cell on Rikers Island. It’s now been reported that just days before his death, he spent thirty-two hours in isolation, which violates both policy and conscience.


"His passing is a tragedy, another preventable death in city custody and because of our city’s failures. This loss is yet another urgent call to pass new legislation that ends solitary confinement in practice, not just in name, and provides strict, safer parameters for any temporary separation. Solitary kills, especially on an island where there are failures at every level to adequately provide the safety and security required to protect incarcerated individuals and staff.


"Any plans to reform Rikers are not moving fast enough to contend with a crisis that presents immediate danger to people on both sides of the bars. Urgent action is morally mandated to enact change, to decarcerate, and to finally end the deeply damaging, sometimes deadly practice of solitary as we work toward closing Rikers."


Bronx Borough President Vanessa L. Gibson - Monkeypox Update & Resources

 

Dear Neighbors,
 
Thank you for joining us for another week in review.
 
This week, we partnered with InstaCart, a leading food delivery company, for a food distribution event in the South Bronx. Hunger continues to be an issue in our borough with many Bronxites experiencing food insecurity. Through public-private partnerships, we are committed to decreasing hunger in the Bronx and to ensuring all of our residents have equitable access to food.

We also hosted The Abolition Commemoration Day Event at Borough Hall, where we celebrated the abolition of slavery in New York, the first state to decree freedom to African American adult men and woman born after July 4th, 1799.
 
On Sunday, we joined with our Bronx community at Orchard Beach for the first Summer Concert Series of the season at the Bronx Riviera, Orchard Beach. We had a blast together! Thank you to everyone who joined us. If you missed this week’s concert, don’t worry - join us next Sunday! We will be having performances by Johnny Mambo & Friends and Hip Hop Jibarito.
 
As of today, officials have confirmed 267 cases of Monkeypox in New York City. The number has risen dramatically in the past couple of weeks and the Department of Health and Mental Hygiene is urging eligible New Yorkers to schedule appointments to get vaccinated. You can find more information here.

If you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.
 
In partnership,
Bronx Borough President Vanessa L. Gibson

HEALTH UPDATES

COMMUNITY UPDATE
IN THE COMMUNITY
🥑According to a 2021 report from Hunger Free America, over 25% of Bronx residents were experiencing food insecurity, the most among the boroughs.

🥑In 2021, there was a 56% drop in food insecurity due to federal pandemic aid.

🥑The four biggest digital food delivery services reach a combined 93% of Americans including 90% of those living in food deserts (Walmart, Amazon, Instacart, and Uber Eats).

🥑Thank you to InstaCart, New York Common Pantry, Pastor John Morgan, State Senator Sepulveda, Congressman Torres, Deputy Speaker Ayala, MetroPlus, and everyone else that helped to make our food distribution event a success!


☀️Fun in the sun at our Bronx Riviera!

☀️Thank you to everyone who joined us and tour sponsors for helping 
make this event possible!

☀️To our performers, C&C Music Factory, Charlie Cruz and Son Del 
Monte, thank you for your incredible performances.

☀️We will be back at Orchard Beach for a second round of fun and 
music this Sunday 7/17. We hope to see you there!!


Office of The Bronx Borough President 
851 Grand ConcourseSte. 301Bronx, NY 10451

Van Cortlandt Jewish Center to Host a Blood Drive

 

The Van Cortlandt Jewish Center (VCJC), located at 3880 Sedgwick Avenue, Bronx, NY 10463, in conjunction with the New York Blood Center (NYBC), is hosting a blood drive on Sunday, July 31, 2022, from 9:30 AM to 2:00 PM. 

 

NYBC announced a blood emergency last month due to an alarming drop in blood donations. NYBC encourages all who are able to sign up and donate, especially during the summer months, when warmer weather and vacation plans make blood donation less of a priority.

 

We need people to donate blood and volunteers to help run the drive. To donate, go to this link:  https://donate.nybc.org/donor/schedules/drive_schedule/296446. For those without a computer, you can call 800-933-2566. When donating blood, sign-ups are preferred, but walk-ins are always welcome.

 

To volunteer: Call the VCJC office at 718 884-6105. Leave your name and a phone number.

 

Donor requirements are – Bring your donor card or ID with a photo. Eat well and drink fluids before donating. You must be at least 16 to donate, and anyone between 16 and 18 must have parental permission on the NYBC form. Donors over 76 need a doctor’s note unless NYBC has a previous note and your health status has not changed. You cannot have had a new tattoo in the past 12 months unless the tattoo was done in NJ. The minimum weight is 110 pounds.

 

Masks are required for all donors and volunteers regardless of vaccination status.


Jack Spiegel

Van Cortlandt Jewish Center

Cell: 646-296-1737

Email: Jspiegel831@yahoo.com


Governor Hochul Announces $10 Million Awarded in the First Round of Abortion Provider Support Fund

 Governor Hochul makes an announcement

Launches Series of Reproductive Health Care Roundtables with Providers to Discuss Needs and Experiences of Providing Care in New York Post-Roe

 Governor Kathy Hochul today announced $10 million awarded in the first round of the Abortion Provider Support Fund to 13 programs, covering 63 sites. The Governor also launched a series of reproductive health care roundtables, beginning with today's roundtable with downstate awardees, to discuss the needs and experiences of providers and how New York is confronting challenges and protecting access post-Roe. Applications for round two of funding will open next week. For the second phase, $15 million will be awarded to a broader array of programs, including independent clinics. 

"Under my watch, New York will always be a safe harbor for those seeking reproductive health care, and I am committed to working with providers across the state to ensure they have the support and resources they need," Governor Hochul said. "We will continue to build on our nation-leading protections for abortion patients and providers to safeguard abortion access in our state."  

For phase one, the New York State Department of Health is awarding $10 million to organizations that are currently funded under the Comprehensive Family Planning Program (CFPP) - which delivers comprehensive family planning and reproductive health services to low-income, uninsured, and underinsured individuals of reproductive age - and have provided medical and/or surgical abortions in the past 12 months.  

First round awardees are: 

  • Long Island Jewish Medical Center: 2 clinics 
  • Nassau Health Care Corporation: 1 clinic 
  • New York City Health & Hospitals Corporation - Harlem: 1 clinic 
  • New York City Health & Hospitals Corporation - Jacobi: 1 clinic 
  • New York City Health & Hospitals Corporation - Kings: 1 clinic 
  • New York City Health & Hospitals Corporation - Lincoln: 1 clinic 
  • Planned Parenthood of Central and Western NY Inc.: 9 clinics 
  • Planned Parenthood of Greater New York: 23 clinics 
  • Planned Parenthood Hudson Peconic, Inc.: 10 clinics 
  • Planned Parenthood of North Country New York Inc.: 7 clinics 
  • Public Health Solutions: 2 clinics 
  • Staten Island University Hospital: 3 clinics 
  • Upper Hudson Planned Parenthood: 3 clinics 

Former New York State Correction Officer Pleads Guilty To Depriving An Inmate Of His Constitutional Rights

 

 Damian Williams, the United States Attorney for the Southern District of New York, announced today that AARON FINN pled guilty to a deprivation of constitutional rights under color of law.  FINN, formerly a correction officer at the Green Haven Correctional Facility, assaulted an inmate in the custody of the State of New York, repeatedly striking and thrashing the inmate’s head and body, while the inmate was restrained with handcuffs.  The assault occurred on March 19, 2020, while FINN was employed as a correction officer. FINN’s actions deprived the inmate of the constitutional right to be free from excessive force amounting to cruel and unusual punishment.  FINN pled guilty today before U.S. Magistrate Judge Judith C. McCarthy.

U.S. Attorney Damian Williams said:  “As he admitted today, former correction officer Aaron Finn violated the constitutional rights of an inmate by using excessive force amounting to cruel and unusual punishment. This conviction should send a loud and clear message—the protections afforded by the U.S. Constitution extend to all Americans, including inmates. When the constitutional rights of inmates are violated, we will act aggressively to bring wrongdoers to justice.”

According to the Superseding Indictment and other documents in the public record, as well as statements made in public court proceedings:

FINN was previously a correction officer assigned to the Green Haven Correctional Facility. On March 19, 2020, while working as a correction officer, FINN used his body to press a handcuffed inmate face-first against a wall, and then repeatedly struck the back of the inmate’s head, causing the inmate’s head to hit a cinder block wall.  FINN then repeatedly thrashed the inmate’s head against steel cell bars.  After the assault, the victim required stitches to multiple lacerations on his face and head.

FINN, 36, of Hyde Park, New York, pled guilty to a deprivation of constitutional rights under color of law, in violation of Title 18 U.S.C. § 242, which carries a maximum sentence of ten years in prison.

The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Mr. Williams praised the outstanding investigative work of the Federal Bureau of Investigation and the New York State Department of Corrections and Community Supervision Office of Special Investigations.