new york life answer to haitian ketler bossé title vii discrimination charge

7/25/2019 New York Life Answer to Haitian Ketler Bossé Title VII Discrimination Charge.

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Via First Class Mail

Sara

E.

Burke Cohen

Investigator

Commission

for

Human

Rights

State of New Hampshire

2 Industrial Park Drive

Concord,

New

Hampshire

03301-8501

New York Life Insurance

Company

51

Madison

Avenue

New

York , NY

10010-1655

212-576-4504 Fax:212-447

- 4268

cpinchia®newyorklife.com

Christopher Pinchiaroli

Corporate Vice President

April26,

2016

Re Ketler

Bosse

v.

New

York Life Insurance Company

ERCNO R) Charge No.:

0105 16

EEOC Charge No.: 160 2016 00110

Dear

Investigator

Burke Cohen:

This

letter

is

the

response

of New

York Li fe Insurance

Company ( New

York Life

or

the

Company )

to the

charge

of employment

discrimination filed

against

it by

one

of ts

former

independent

contractor sales agents, Ketler Bosse.

The Commission

for

Civil Rights ( CCR ) lacks

jurisdiction over the

charge because Mr.

Bosse has long been an

independent

contractor, not an employee,

of

New York Life. This

contention is

amply supported by the facts, reported

case law, and

numerous

decisions of

the EEOC involving

New

York Life agents.

In making

this urisdictional

defense, New York Life does

not

waive any of

ts

other

defenses, including, but not

limited

to, a defense based upon the merits, and

New

York Life

reserves the right

to

submit further information in that regard.

I. BACKGROUNDFACTS

Mr. Bosse began his affiliat ion

with New

York Life

as

a sales

agent New

York Life's New

Hampshire General Office in 2001. He later became a management employee, but in 2005,

he

returned to

his prior

status as

an

independent

contractor sales agent.

At all

relevant times,

Mr. Bosse functioned as, and was treated as, an

independent

contractor sales

agent

for

New

York Life. Mr. Bosse's relat ionship with

the Company

was

governed

by

his Agent's Contract. This contract provided

that

he was an

independent

contractor insurance

agent

for

New

York Life. (See Exhibit A, paragraph 5



Investigator Burke Cohen

New Hampshire CCR

April

26, 2016

By way of background, New York Life believes that it has

treated

Mr. Bosse fairly and that

the termination of his contract was not impacted

by

any

form of

mpermissible bias. In

fact, it was a

product

of Mr. Bosse's own questionable behaviors.

In

late 2015- early 2016,

the

Company detected

an

apparent violation

of

ts underwriting

systems in

that an

important email

sent

to insurance applicant Erika Applegate was, in

fact, sent to Mr. Bosse's email address. The purpose of the email was for the insurance

applicant to attest to the factual accuracy

of

her recent application for life insurance.

When asked about this, Mr. Bosse repeatedly claimed that he forwarded the critical email

to Ms. Applegate, his ex-wife, and that she not he verified

the

information. (Exhibit

B

Mr.

Bosse was, however, unable to produce the forwarded email. New York Life 's email

system does not contain such an email. The documentation

that

Mr. Bosse produced to

New York Life appears, to even the untra ined eye, to be an amateur

after-the-fact cut

and-paste

ob. (Exhibit

C

Mr. Bosse

brought

up discrimination only when

it

appeared clear

to

him that his contract with New York Life was to be terminated

for

his involvement in this

scheme.

Because Mr. Bosse was

not

an employee during the

relevant

time period, he is

not

protected

by the Law Against Discrimination. The

CH

R acks jurisdiction over this dispute

and, regardless,

the

charge lacks merit. Either way, it should be dismissed.

II. THE

CHR

ND

EEOC L CK JURISDICTION BECAUSE MR BOSSE WAS

NOT

N

EMPLOYEE OF NEW YORK LIFE

The New Hampshire Law Against Discrimination and Title VII of

the

Civil Rights Act of 1964

outlaw race discrimination in employment. In this regard, to be covered

by these

laws, one

must

be an

employee of

an

employer.

The language

of he

Law Against Discrimination,

Title VII, and similar federal statutes,

as

well as the reported cases under these laws,

demonstrate that the employment discrimination laws do

not

reach non-employees, such

as

independent contractors.

Under Title VII, employers include most entities that employ 15 or more persons on a

regular basis. 42 USC §2000e(b). New York Life concedes general ly that it is

an

employer

under the Law Against Discrimination and Title VII.

The text of Law Against Discrimination does not specifically define

the

term employee.

Rather, it presumes

that

only employees of employers will be protected.

By

comparison,

Section 701 of he Civil Rights

Act

of 1964 defines an employee as follows:

The term

employee means an individual employed by an employer.

42 USC §2000e(f).




New Hampshire CCR

April 26, 2016

See Robinson

v

Bankers

Life

Casualty

Co., 899 F.Supp. 848 (D. N.H. 1995) (insurance agent

held to be

independent

contractor; independent contractors

not covered by

the

Americans with Disabilities Act). Thus, non-employees, such as independent contractors,

have

to

look elsewhere

to

secure

their

rights,

if

any.

An analysis of

he

facts in this case compels a dismissal. Mr. Bosse's written agreement

with New York Life denominated him an independent contractor for the Company. Also,

during

the

relevant time period, New York Life accorded Mr. Bosse a

great

deal

of

reedom

in

the

way he conducted himself as a sales agent. In sum, New York Life not only called Mr.

Bosse

an independent

contractor,

but

it

consistently

treated him like one.

To begin with, paragraph 5 of Mr. Bosse's Agent's

Contract

provides, in

pertinent

part:

Neither the term

Agent

nor anything contained in this

contract

or in any

of

the

rules

or

regulations

of

New York Life shall be

construed

as

creating

the

relationship ofemployer and employee between New York Life and

the

Agent. Subject to the provisions of his contract and

within

the scope ofthe

authority granted by

this

contract, the Agent, as an independent contractor,

shall be free to exercise the

Agent's

own discretion and judgment with

respect to the persons from whom

the

Agent will solicit applications, and

with respect to the

time,

place, method and manner of solicitation and of

performance under this

contract.

But the Agent agrees that the Agent will

not engage in

conduct that

which will

affect

adversely

the

good standing or

reputation of New York Life.

Exhibit A

Mr. Bosse has acted

independently

in securing applications for the Company's products.

He could have sold New York Life's products anywhere in the United States, provided he

was licensed by the appropriate state authorities. New York Li fe's search ofpublically

available databases shows

that

Mr. Bosse is, or has been, licensed in a

total

of 12 States

(California, Florida, Georgia, Massachusetts, Maryland, New Hampshire, New Jersey, New

York, Ohio, Rhode Island, Texas, and Vermont). His insurance licensure did not terminate

when he left New York Life.

Notably, Mr. Bosse could

and did

recommend

to

his

client

base

including possibly

New

York Life clients)

competing

insurers' competing products

without

New York Life's

knowledge or permission. New York Life's recent search ofpublically available databases

shows that Mr. Bosse is,

or

has been, under contact with upwards of 15 competitors of

New York Life (these are: American Equity Reserve Life Assurance Company, American

General Life Insurance Company,

Anthem

Health Plan,

Athene

Annuity and Life Insurance

Company, Illinois Mutual Life Insurance Company, John Alden Life Insurance Company,

John Hancock Life Insurance Company, Ohio National Life Insurance Company, Provident

Life and Accident Insurance Company, ReliaStar Life Insurance Company, Savings Bank

Life Insurance Company,

Time

Insurance Company, United of Omaha Life Insurance



Investigator Burke

Cohen

New Hampshire CCR

April 26, 2016

Page4

Company, Unum Life Insurance Company, and Western Reserve Life Assurance

Company). And,

there

could be even more.

In

other words, Mr. Bosse owed New York Life

no

duty of

oyalty or fidelity. Loyalty

or

fideli ty is a sure hallmark of employee status. Its

absence is indicative

of

a

truly

independent businessperson.

Mr. Bosse's abil ity to earn income was entirely dependent upon his sales efforts. If hese

efforts were successful, Mr. Bosse received commission payments. If he sold nothing, he

received no such payments. While there was no

limit

to his earnings potential, Mr. Bosse,

unlike a salaried employee, bore

the

entrepreneur's risk

of

oss.

A high degree of skill is required

to

sell insurance and financial products, as is state

licensure.

It

takes

months, sometimes

years,

for

individuals

to

become

proficient

enough

to capably sell the Company s full range of nsurance and financial products.

As

an

independent

contractor,

Mr. Bosse was

ot

subject

to

the

Company's

employment

and personnel policies. Mr. Bosse set his own work, business travel , and vacation

schedules. He decided when, where, and even

if o

work. Mr. Bosse was

ot

entitled

to

sick, holiday, or vacation pay. Moreover, Company agents are ot covered by the same

health insurance, pension plan, and Section 4 1 k) plans

that

cover New York Life

employees. Furthermore, income taxes were

not

withheld

from

Mr. Bosse's commission

payments.

Mr. Bosse bore all of his

own

operat ing expenses. Mr. Bosse was

permitted

to hire his own

clerical and/or sales support staff. If he chose

to

hire such assistants, he alone set their

terms of heir employment and pay their wages. Also, ordinarily, the Company supplies its

employees

with stationery, office

supplies, and telephones free

of

charge; agents,

however, pay

for

such supplies and services

out

of heir own earnings.

Moreover,

for

many years, Mr. Bosse arranged for, rented, and managed his

own office

space

in

nearby office building and did business under the name of he Future Capital

Group or Bosse Future Capital Group.

Since Mr. Bosse's relationship with New York Life has been

that

of

an

independent

contractor,

the CCR

has no urisdiction to decide the merits of Mr. Bosse's charge.

Therefore,

it must

be dismissed.

Ill. INSURANCE AGENTS HAVE BEEN

FOUN TO E

INDEPENDENT

CONTRACTORS OUTSIDE THE SCOPE OF THE EMPLOYMENT LAWS

Insurance agents, like Mr. Bosse, have traditionally and cons istently been held

to

be

independent

contractors not

covered by state and federal anti -discrimination laws. This is

a function

of

how

the

business model has evolved over time.

To

conclude otherwise would

have wide-spread and drastic effects on how life insurance companies nd their gents

have consensually ordered

their

business relationships and planned

their

economic

expectations.




New Hampshire CCR

April 26, 2016

The seminal federal case in this area

is

Nationwide Mutua/Ins. Co. v. Darden 503 U.S. 318

(1992), in which the Supreme

Court

ruled

that

where Congress fails to specifically define

the

meaning

of

he

term

employee,

the common

law

test

should apply. This

test, the so

called right

to

control analysis, involves an assessment of

numerous factors:

In

determining

whether

a hired party is an employee under

the

general

common law of agency, we consider

the

hiring party's right

to

control

the

manner and means

by

which the product is accomplished.

Among

the other

factors relevant to this inquiry are the skill required;

the

source of he

instrumentalities and tools; the location of he work; the duration ofthe

relationship between the parties;

whether

the hiring

party

has the right to

assign addit ional projects to

the

hired party;

the

extent of he hired party's

discretion over when and how long to

work;

the method of payment; the

hired

party's role

in hiring and paying assistants;

whether the work

is

part

of

the regular business ofthe hiring party;

whether the

hiring party is in

business; the provision of employee benefits; and the tax treatment ofthe

hired party.

Darden 503 U.S.

at 323-324, quoting

Community for Creative Non-Violence v.

Reid

490 U.S.

730,751-752 (1989).

An application of the facts in this case to the Darden

test

will yield but one result : Mr. Bosse

was

an

independent contractor of New York Life. Consequently, his allegations

of

discrimination may

not

be

entertained

by the CCR.

New York Life had no right to control Mr. Bosse's manner and means of selling insurance.

He was free

to

solicit insurance applications from anyone he wished, his sales pitch was his

own (within

the

confines of applicable laws and regulations), and he developed

the

bulk

of

his own leads and referrals. Also, Mr. Bosse could, and did, sell competing companies'

competing products

to

customers who could have just as easily become customers of New

York Life. Which company Mr. Bosse's clients became insured by was a matter between

the purchasers and Mr. Bosse.

New York Life placed

no prohibitions

on Mr. Bosse's

right to

hire clerical or technical

assistants

to

facilitate

his sales.

Nor

were his daily activit ies and

whereabouts monitored.

He rented, furnished, maintained, and managed his

own office

suite. Finally, the Agent's

Contract specifically, clearly and unequivocally described the parties' relationship as one

between independent contractors.

Other courts- before and since Darden have come to the same conclusion: that

insurance agents such as Mr. Bosse are

independent contractors,

and

not

employees. In

Barnes v. Colonial Life andAccidentlns. Co. 818 F. Supp. 978 (N.D. Tex. 1993),

the

court

determined that the plaintiff , an insurance agent, was

not

an employee within

the

meaning



Investigator

Burke

Cohen

New Hampshire

CCR

April 26, 2016

ofTitle VII. Finding that

the plaintiff

was an independent contractor,

the court

looked at

the following factors:

a)

he was paid

by

commissions, according

to

the amount

of

his sales;

b)

he had a contract with the insurance company which expressly

provided that he was an independent contractor;

c)

the insurance company did not

withhold

state or federal

income

taxes

from his commissions;

d) he established his own schedule and business hours;

e) he was free to solicit insurance applications wherever he was licensed

from

anyone he wished;

(f) he could work

at

the

location of his choice;

g) he was not formally required

to

make regular reports to

the

company;

h)

he did

not

have to

report

his daily activities

to

the company; and

i) he received

no

medical or vacation leave.

A similar result was reached in enkins v Travelers Ins Co., 436 F. Supp. 95 (D. Ore. 1977 ,

where the issue was whether the plaintiff, an insurance agent

for

defendant, was an

'employee,' within the meaning ofTitle VII. /d at 951. The following

factors

led to

the

court s conclusion that Jenkins was ot an employee and thus was ot covered by Title VII:

a) compensation came

from

commissions on insurance placed;

b)

the insurance

company

advised the agents

they

were not employees;

c)

the insurance company did not withhold

income

taxes

for

the agents;

d)

the

agents

were free

to

solicit insurance applications

from

anyone

they

wished;

e) the agents did not have to report

their

daily activities to the insurance

company; and

(f)

the agents received virtually

no

supervision.

In applying these

factors,

the court held:




New Hampshire CCR

April 26, 2016

In all of this, it will be seen that

the

classic indicia of an employer-employee

relationship are missing. The alleged employer lacked the right to control or

direct

the alleged employee;

the

alleged employee received no salary ...

Jenkins was an

independent contractor

and

not

a

Title

VII employee.

/d.

at 952.

In the instant matter Mr. Bosse was an insurance agent, who, like Ms. Barnes and Mr.

Jenkins:

a) was paid

on

a commissions only basis;

(b) was expressly denominated an independent contractor under his

contract;

c)

did

not

have

income

tax withheld from his pay;

(d) was free to determine and set his own work hours, place of work,

prospects to solicit and

where

and when to do so;

(e) was not required

to

report his daily activities

to

New York Life or to

attend regular meetings;

(f) received virtually no day to day supervision; and

(g) received no vacation, holiday or sick pay.

It

is clear that like the plaintif fs in

Barnes

and

Jenkins

Mr. Bosse was an independent

contractor not covered under the federal anti-discrimination laws.

Further authority

for

Mr. Bosse s

independent

contracto r status is found in

Dake v Mutual

o Omaha Ins. Co., 600 F. Supp. 63 (N.D. Ohio 1984), which also involves a discrimination

claim brought by an insurance agent. In Dake

the

court dismissed the case holding that

plainti ff, an insurance agent, was an independent contractor not an employee. The

Court

based

its

conclusion on

the

following factors:

a) plaintiff was paid on a commission basis;

(b) plaintiff did not have

income

taxes withheld and used an

IRS

Form

1099 to file his taxes;

c)

plaintiff

was free to solicit whomever he chose;

(d) plaintiffs contract explicitly stated

that

he was an independent

contractor not an employee; and




New Hampshire CCR

April 26, 2016

e) plaintiff did

not

have to

report

his daily

activities

and he was free

to

set his own schedule.

More recently, in Murray v Principal Financial Group Inc. 613 F.3d 943 (gth Cir. 2010),

the

a

panel of

he

Ninth Circuit Court ofAppeals held that Ms. Murray, an insurance agent for

Principal Financial, was an independent contractor and not an employee. In doing so, the

court cited numerous other cases

with

similar holdings, but then reviewed many of

he

factors discussed above. Specifically, the court followed Darden and then found the

following factors

to

be

determinative:

a) Ms. Murray s agreement with Principal denominated her an

independent

contractor;

b) Ms. Murray set her own work schedule;

c) Ms. Murray purchased her own supplies;

d) Ms. Murray retained her own sales assistant;

e) Ms. Murray received no vacation or sick days;

(f) Ms. Murray chose

her

own office space;

(g) Ms. Murray could sell

competing

companies

products;

and

h) Ms. Murray was subject only to a limited

amount

of supervision.

Principal Financial s structure is very similar to New York Life s model. A similar result is

therefore

warranted

in this case.

The criteria set forth in Dake and urray are virtually identical to those in Jenkins and

certainly apply to the instant case. Mr. Bosse, like the

agents

in

Barnes Dake Murray

and

Jenkins is paid on a commission basis, does not have income taxes withheld, is free to

choose the manner and method of solicitation, is been expressly denominated as an

independent

contractor

in his

contract

(Exhibit A), is

free

to

set

his

own

schedule, and

operates his own business from a location of his own choosing. There can be no

conclusion but that Mr. Bosse has been an independent contractor

for

New York Life. He is

not

been an employee and is, therefore outside

the

coverage of

he

Law Against

Discrimination and Title VII.



Investigator

Burke

Cohen

New Hampshire CCR

April 26, 2016

Page

IV

NEW YORK LIFE GENTS H VE CONSISTENTLY BEEN

FOUND TO E

INDEPENDENT CONTR CTORS BEYOND THE SCOPE OF FEDER L ND

ST TE EMPLOYMENT L WS

In the past,

New York

Life

agents

have been held

to

be

independent

contractors and,

therefore, outside the scope offederal and state

anti-discrimination

laws. This is amply

demonstrated by the cases outlined below.

The most

recent,

and perhaps

most

important precedent is Santangelo v.

New

York Life

Ins.

Co., 2014 WL 3896323 (D. Mass 2014),

aff d on other grounds

785 F.3d 65

1st

Cir. 2015).

The

Santangelo court followed the Darden

case and

evaluated

the following factors in

determining that the plaintiff was an independent contractor beyond the

coverage

ofthe

ADA and the Massachusetts

Anti-Discrimination

Statute:

a)

New York Life

did

not

control

the manner and

means of

Mr.

Santangelo s work

as

an insurance agent;

b)

Mr.

Santangelo

determined his own sales strategy, his client base, and

the states in which he would sell insurance

c) Mr. Santangelo worked whatever hours he wished;

d)

Mr.

Santangelo

rented his own office space

at

his own expense;

e)

Mr.

Santangelo bore

his own expenses; and

(f)

Mr.

Santangelo

could, and did, sell competing insurers

competing

products;

g) New

York

Life set only a minimum production standard;

Santangelo 2014 WL 3896323 at pp. 6-7.

Also, in 2002, a federal

District Court granted summary udgment to New

York Life, holding

that

a

former

sales

agent

was an

independent

contactor

under Title

VII,

the

ADA, ADEA,

and the

New

York

State Human

Rights Law. This decision was

affirmed

on appeal.

Anyan v.

New

York Li fe Ins. Co., 192

F.

Supp. 2d 228 (S.D.N.Y. 2002),

affirmed as

Anyan

v.

Nelson 68

Fed. Appx. 260 (2d Cir. 2003).

In Anyan the District Court

concluded

that the plaintiff was an independent

contractor,

rather

than an

employee

because, even

though

he had a

long-term relationship with

the

Company:




New Hampshire CCR

April 26, 2016

[As] plaintiff acknowledged in his deposition, plaintiff s Agent Contract with

New York Life

provided

that he was

an independent

contractor,

not

an

employee. He was not required to work

from

New York Life s offices and he

was able

to

refuse

any

projects

assigned

to

him

by

New York Life. Plaintiff

had complete discretion over his hours, and was able to hire and fire his

own assistants. He received no benefits and was not taxed as an employee.

He was responsible for his own expenses. Hence, Anyan was not an

employee of New York Life

for

purposes of the employment

statutes, as

a

matter of aw.

Anyan

192 F. Supp. 2d 228

at

238-239.

In 1998, the United States Court of Appeals

for

the

Ninth Circuit, applied

the

common law

agency

test

to determine the status of a former New York Life agent asserting a federal

ADEA claim. The

court

specifically held

that

the

former

agent

was an

independent

contractor

for

New York Life.

Barnhart

v ew

York Life

Ins Co., 141 F.3d 1310 (9th Cir.

1998).

In affirming the District Court s decision in favor of New York Life, the

Ninth

Circuit held:

[c]onsidering all

factors

as a whole, however,

the

balance tips in favor of

independent contractor status. The

contract

Barnhart signed contained

clear language stating that Barnhart would be considered an

independent

contractor, not an employee. Consistent

with

this, Barnhart was free to

operate

his business as he saw fit without day-to-day intrusions. After the

first

three-year

term

of

employment, Barnhart was paid commission only.

Barnhart s

tax

returns indicate that he received most

of

his income from

self-employment. Additionally, Barnhart was not dependent solely

upon

New York Life for his income. Barnhart

admittedly

sold

competitors

products. In light of hese facts, we conclude that Barnhart was not an

employee of New York Life

for

purposes of ... the ADEA.

Barnhart 141 F. 3d at 1313.

A similar result was achieved in

Solowayv.

ew

York Life

Ins Co., No. CIV-77-0849-D (W.D.

Ok. 1978) (claim under ERISA).

Similarly, in

Mehtani

v ew

York Life

Ins Co., 145 A.D.2d 90 1st Dep t 1989),

app. denied

7 4

N.Y.2d 835, (1989), a former New York Life

agent

brought

suit

under the

New

York State

Human Rights Law for employment discrimination. The intermediate state appeals court

-the Appellate

Division--

held that Mehtani s relationship with New York Life was

consistent

with the language of his

contract;

he was an

independent

contractor. The court

found, among other things,

that:

(1) the agent s

compensation

consisted solely of

commissions; (2) New York Life did not deduct any withholding taxes

from

these




New Hampshire CCR

April 26, 2016

commissions; (3)

the agent set

his own work

hours;

and (4)

the

agent

exercised

his own

professional judgment in

the

solicitation of nsurance business.

Anyan Barnhart

and

Mehtani

present

similar

situations

to

Mr. Bosse s

relationship with

New York Life: Mr. Bosse s

contract

specifically states that he was to be an independent

contractor;

he is paid solely

on

a commission basis; he has had

no income taxes withheld

from

these commissions; he is free to

set

his

own work

hours; and he exercises his own

professional

judgment

when he solicits insurance. As

in

Mehtani these

factors

rebut any

claim

that

New

York Life

exercised

control over

the

results produced

by [the

agent]

or the

means used to

achieve the results

and, indeed clearly supported

the contractual

definition

of his status. Mehtani 145 A.D. 2d at 94.

Over

the

years

the

EEOC has repeatedly and consistently

concluded

that New York Life

agents, such

as

Mr. Bosse, are independent contractors, not

employees,

and are beyond

the

scope

of

employment

discrimination

laws, as

shown by the

following

case dismissals.

Allen v. New York Life, EEOC Charge No. 270-90-1175 (New Orleans

District

Office 1990)

Best v. New York Li fe, EEOC Charge Nos. 513-2012-02195 (Oakland Local Office 2014)

Burnett

v. New

York

Life, EEOC Charge No.

14595045 (Greensboro

District

Office

1995)

Cunningham v. New York Life, EEOC No. 210864683 (Chicago

District

Office 1987)

Desai v. New York Life, EEOC Charge No. 21B942928 (Chicago

District

Office 1995)

Herrera

v.

New

York


453-2007-01587 EI

Paso

District

Office 2008)

Kramer

v.

New

York


170880775

(Philadelphia

District

Office

1988)

Randel man v.

New

York Life, EEOC Charge No. 145950533 (Greensboro

District

Office,

1995)

Raxter v. New York Life, EEOC Charge No. 380960757 (Seattle

District

Office 1996)

Rigali v.

New

York


340951282

(Los Angeles

District Office

1995)

Simon

v.

New York Life, EEOC Charge No. 361 94 0867

EI

Paso Area Office 1994)

Smith

v. New

York


150-92-2084

(Miami

District Office

1993)

Udasco v.

New

York Life, EEOC Charge No.

170A10528

(Philadelphia

District

Office

2001)

Unzel v.

New

York Life, EEOC Charge No. 210922851 (Chicago District Office 1994)



Investigator

Burke

Cohen

New Hampshire

CCR

April 26, 2016

Wehmeyerv. New York Life, EEOC Charge No. 360 88 0508 (San Antonio District Office

1988

The Commission

should

follow the

lead

of

hese

cases and dismiss Mr. Bosse's charge

for

lack

of

urisdiction.

V RESPONSES

T

SPECIFIC REQUESTS

a New

York Life Insurance Company is the Respondent's correct legal name.

b The undersigned is

the

Company's representative on this matter.

c Except as specifically admitted above, all 57 paragraphs

of

he Charge are hereby

denied.

d Other than as to urisdiction, New York Life has no affirmative defenses to raise

at

this time.

e Mr. Bosse was

not

an employee at the relevant times; there is

no

applicable

personnel file.

f. Attached as Exhibit Dare the Company's EEO policies as

they

relate to employees.

g. New York Life Insurance Company is the

parent entity.

h

New

York

Life has more than 20 employees.

i As to the jurisdictional issue of

ndependent

contractor only, at the

present

time,

New

York

Life's witnesses are: Ketler Bosse, his accountant, his employees, his

landlord,

representatives

of

he

other

insurance companies he has been under

contract

with,

and

Corporate

Vice President Albert Marquez. Shouldjurisdiction be

established, New York Life will then address

the

merits, and

the

related witnesses.

j. No consent decrees are in effect.

k New York Life is

not

a federal contractor under the

urisdiction

of he OFCCP.




New Hampshire CCR

April 26, 2016

VI SUMM RY

The

foregoing

demonstrates that Mr. Bosse s charge of unlawful discrimination

must

be

promptly

dismissed

for

lack

of

urisdiction

because Mr. Bosse has been

n

independent

contractor and

not

an

employee

of New York Life.

*

* *

* * *

Thank you

for

your kind attention to this matter, and i fyou should need additional

information please

do

not hesitate to contact me directly.

Enclosures {4)

Sincerely,

1stopher Pinchiaroli

Corporate Vice President

cc: J Skinner, Esq., attorneyskinner®gmai/ com {via email only)

FFIRM TION

I hereby

certify

and affirm, under the penalties of perjury, that

the

factual information in

this Answer

to

Complain

nt s

Charge has been obtained from employees of New York Life

Insurance Compa ecords

thereof.

Christopher

Pinchiaroli



H[lt 14 2001 16:57 FR

I ~ E I A I

YORI<

LIFE

603 624 9784

TO

L ICEt lSES

P 06/07

e

. .

II

NEW YORK LIFE INSURANCE COMPANY

51

Madison Avenue, New York, NY 1001 0

NEW YORK LIFE INSUR4.NCE AND ANNUITY CORPORATJON

(A

Delaware Corporation)

Address:

S r r e ~ l )

General Office:

Effective

Date:

51 Madison

Avenue,

New York,

NY

10010

NYLIFE INSURANCE COMPANY OF ARIZONA

(An Arizona Corporation)

2398 E. Cumelback Road, Suite 600

Phoenix, Arizona 85016

:\GENT'S CONTRACT

(Form

N8- 01/01)

New York Life Insurance Company,

New York Life

Insurance and Annttity Corporation, NYLIFE Insurance

Compilny

of Arizona (hereinafter collectively New York Life ) hereby authorize

the

Agent

named

above (the Agent), to

solicit applica;ions for individual life insurance policies, individual annuity policies, individual health insurance policies,

group insurance policies, and group annuity policies, n l on such plans as ar<:

i s s u ~ d

by New York Life at

the

time and place

such

applications are obtained.

It

is

mutual >·

agri:<:d

that this authority to act as a soliciting

agent

of New

York Life

is

g:-antcd

by

New York

Life

and acc.:ptcd

by

the Aj:cnt upon the following limitations, terms, provisions and conditions:

I The Agent

shall

conduct the Agent's

business

with New York Life through tht General

O f f i c ~

named above until

further written notice from

New

York Life . The Agent shall have

no authority

to solicit applications or conduct

business in any jurisdiction unless New York

Life and

the Agent are duly licensed under the

laws

of such

jurisdiction to sell such business and act

as

such soliciting agent, respectively. The Agent shall

have

no exclusive

right to solicit applications in any territory.

2. The Agent shall hllve

no

aurhority

for

or on behalf of

New

York Life to accept risks of any kind, to make, modify

or discharge contracts, to. extend the time for paying

any

premium, to bind

New

York Life by any statement,

promise or representation,

10

v.:aive forfeitures r any of

New

York Life's rii;htS or requirements,

or

to place

New

York Life under any legal obligation by any act which

is

not within the authority granted by

New

York Life in this

contract or otherwise in v.Titing.

3. The Agent

is

authorized to collect first and single premiums on behalf ofNew York Life only as follows:

(a) In connection with each application, including

any

supplementary application, obtained by the Agent, the

Agent may collect an amount not exceeding the

full fl.rst

premium for the policy applied

for,

or

not

exceeding the single premium if a singlr: premium policy

is

applied for, but only

if the

A&ent delivers to the

applicant in exchange therefor the coupon receipt attached to the application and corresponding therewith in

date and

number, and

(b) lfthe

full first

premium

is

not

paid

when the application is taken, the Agenr

shall

collect

any

unpaid balance

of all premiums due ~ w York Life

as

ofthe delivery date, and

- I -



· ·

. .

l'lOl.

14 2001

5:57 FR t-EW YORK LIFE

e

Countersigned by New York Li e

Insurance Company

and

New York

Life

lnsurllltce and Annuity Corpo111tion

and

NYLIFE

l n s u r a n ~ e

Company

of

Arizona

on___________________________ ____

by ;

Title

603 524

9784 TO

LICENSES

P.07/07

e subscribe

theiT

names hereto and to a duplicate hereof.

• 6

Agent

NEW YORK LIFE INSURANCE

COMPANY

NEW YORK LIFE fNSURANCE AND

ANNUITY CORPORATION

AND

NYLIFE

INSURANCE COMPANY OF ARIZONA

by:

~ ~

Phillip J. Hildebrand

Executive Vice Presiden[

in Charge of the Agency Department

TOTC\L

PAGE.07

**



NEW YORK LIF INSURANCE COMPANY

51 Madison Avenue, New

York,

NY 10010

NEW YORK LIF INSURANCE

AND

ANNUITY CORPORATION

(A Delaware Corporation)

51 Madison Avenue, New York, NY 10010

NYLIFE INSURANCE COMPANY OF ARIZONA

{An Arizona

Corporation)

2398

E

Camelback

Road,

Suite

600

PhoeniK,Arizona

85016

AGENT S CONTRACT

(Fonn

N8-

02/01)

Agent:

A d m e ~

(Street) (City) (State) (Zip)

General Office:

Effective Date:

New

York Life Insurance

Company, New

York

Life

Insurance

and

Annuity Corporation,

NYLIFE

Insurance

Company of Arizona (hereinafter collectively New York Life ) hereby authorize the Agent named

above

(the

Agent), to

solicit applications for individual

life insurance policies,

individual

annuity

policies, individual

health insurance

·

policies,

group insurance policies, and

group

annuity policies, all on such

plans as are i ~ u e by

New York Life at the time

and

place

such applications

are obtained. t is

mutually agreed

that this authority to act as a

soliciting

agent of New

York

Life is

granted by New York Life and

accepted

by the Agent upon the following

limitations,

terms,

provisions

and conditions:

1 The Agent shall conduct the

Agent's

business with

New

York

Life

through

the

General Office named above until

further

written notice from

New

York

Life.

The

Agent

shall

have no authority to solicit applications or

conduct

u s i n e ~

in

any jurisdiction

u n l e ~ New

York Life and the Agent are duly licensed under the laws of such

jurisdiction to sell such business and act as such soliciting agent,

respectively.

The Agent shall have no

exclusive

right

to

solicit applications in

any

territory.

2.

The Agent shall have

no

authority for

or on

behalf of

New

York

Life to

accept

risks

of any kind, to

make,

modify

or discharge contracts, to extend the

time for

paying

any

premium, to bind New York Life by any statement,

promise

or representation, to waive forfeitures or any of New

York

Life s

rights

or requirements, or to

place

New

York Life

under

any legal obligation

by any act

which is not within

the authority granted by New

York

Life in this

contract

or

otherwise

in

writing.

3. The Agent is authorized to collect first and single premiums on behalf of

New

York Life only as follows:

(a)

In

connection

with each

application,

including

any supplementary application,

obtained by

the Agent, the

Agent

may

collect

n

amount

not

exceeding the

full

first premium

for

the policy

applied

for, or

not

exceeding the single

premium

if a

single premium

policy is applied for, but

only

if

the Agent

delivers to the

applicant in exchange

therefor the

coupon receipt

attached to the

application and corresponding therewith

in

date and number, and

(b) If the

full first

premium is not paid when the application is taken, the Agent

shall

collect any unpaid balance

of all premiums

due New

York

Life as

of the delivery date,

and

1



(c) In connection with a change

of,

or the conversion of, or

the

addition of a rider to, an in-force

policy,

the

amount charged

the

policyowner

by New

York Life

for completing

the

change,

conversion or addition.

Except as authorized above,

the Agent

shall have no

authority

to receive

or

collect for

New York Life

any

premiums or other moneys due or to become due to it.

4.

All

moneys received by the Agent

for

or on behalf of New York Life shall be received by the Agent in a fiduciary

capacity,

and

shall not

be used for any personal

or

other

purpose

whatsoever but shall

be

immediately

paid over

to

New

York Life. When

requested by New

York Life to do so, the Agent shall advise New York Life,

in

writing,

with respect to the circumstances

under

which

the

Agent delivered

any

policy and, with respect to any policy

given

to

the

Agent for

delivery on which

New

York

Life

has not

received

any premium,

whether

the policy

has

been

delivered or remains in the Agent's possession and whether the

Agent

has collected any premium

on

the policy.

5. Neither

the

term Agent (used in

this

contract solely

for

convenience in designating one of the

parties)

nor

anything contained in this contract or in any

of

the rules or

regulations of New

York Life

shall be

construed

as

creating

the relationship of employer and employee

between

New

York

Life and

the

Agent. Subject to the

provisions

of

this contract and within the scope

of the authority

granted by this contract, the Agent,

as an

independent contractor, shall be

free

to exercise the Agent's own discretion and judgment with respect to the

persons

from

whom the Agent will solicit

applications,

and with respect to the time, place,

method

and manner of

solicitation and of performance under

this

contract.

But

the

Agent agrees that the Agent will not engage

in

conduct

which

will

affect

adversely

the good

standing

or

reputation

of

New York Life.

6. The

Agent

hereby (a) acknowledges

receipt of

the Agent/Registered

Representative's

Handbook

(Handbook) and

agrees to observe and

abide

by the limitations of authority and

the rules

specified in or issued

as

supplements to the

Handbook

which apply generally to Agents

of

New York

Life;

(b) agrees

that

the Agent's rights to receive

commissions and service fees as

provided

in

this

contract shall be

further

subject to the rules relating to

commissions

and service

fees as

contained in

the

Handbook,

or

other

published New York Life

rules;

and (c)

agrees that, under

the

circumstances stated

in

the Handbook,

the

Agent shall

be

liable for payment of

the fees,

charges

and

payments

specified in

the

Handbook.

The agreements contained

in this Section

6

shall

extend

to

any

changes or additions to said limitations and rules, whether published in a new Handbook or otherwise given to the

Agent

by written notice,

but

no

rule

hereafter adopted

shall

be construed so as to restrict the Agent's right to direct

and

control

the

Agent s work in performance of this contract.

7.

Within

each

twenty-four

month period

beginning on January

1 of

the

calendar year

after

the Agent has completed

two full

years

of service under this Agent's Contract

and

continuing until December 31 of the calendar year in

which the Agent has

completed

twenty

full

years

of

service under this

Agent's Contract, the

Agent shall

satisfactorily complete

sixty

credits of

Company-approved

continuing education. Within each subsequent twenty

four

month

period,

the Agent

shall satisfactorily complete thirty credits of Company-approved education. The

Agent

agrees to comply with New

York

Life s published

rules

relating to continuing education and agrees that such

rules

may

be amended by New

York

Life from

time

to time.

8. The

Agent

agrees to

reimburse

New York Life for all attorney s fees,

costs,

expenses and losses of

every

kind

which

New York

Life

may at

any

time incur or

pay

on account of

any

garnishment, attachment or

other legal

process or order of any kind which

may

be served upon New York Life by reason of the existence of this or

any

other agent s contract

by

and

between

New York

Life

and

the Agent

or on account of

any assignment

applicable

to

any such agent s contract.

9.

New York Life

is

hereby given a

paramount and

prior

lien

upon all compensation payable under

or

as a result of

this

or

any previous agent's contract

and

under any and

all

agreements amendatory or supplementary to this

contract

as security for the

payment

of any claim or indebtedness or reimbursement whatsoever

due

or to become

due to New York Life

from

the

Agent.

Any sums

becoming due

to the

Agent at any

time may be applied, directly,

by New York Life to

the

liquidation of any indebtedness or

obligation

of the Agent to New York Life, but

the

failure to so apply any sum shall

not

be deemed a waiver of New York Life s lien on any other sums

becoming

due

nor impair its rights to so apply such

sums.

10. Either

the

Agent or New

York Life

may, with or without cause, terminate

this

contract

upon written

notice, said

termination to

become effective thirty days after

the day

on

which such notice is dated.



11.

In addition

to the right

of

New York Life to

terminate this

contract as provided

in

Section 10

above,

New

York

Life shall have the

right, at

its option,

to terminate this

contract immediately upon giving written notice of such

termination to the

Agent,

for any one or more of the following causes:

(a) The collection or receipt by the Agent of any moneys for

or

on behalf of, or due or to become

due

to, New

York

Life

except

as authorized in

Section

3 above.

(b)

Any unauthorized

appropriation

to

the

Agent s

own

use and purpose

of

any money or

other property

received by

the

Agent for or on behalf of

New

York

Life

or

received

by the Agent for the

benefit

of a

person

other

than

the Agent.

(c) The submission to New

York

Life by the Agent of

any

document on which any required

signature

is not a

genuine

or duly authorized

signature

.

(d)

Any

withholding

by the Agent of any policy or document after such policy or document shall

have

been

demanded by

the

New York

Life.

(e) Any act of the

Agent

by which the Agent, directly or

indirectly,

sells or offers to sell to any

person

or

persons, policies

issued by

New

York Life

at

any

deviation from

the published rates of New York Life

as

furnished to the

Agent

by

New

York

Life

from time

to time.

(f) A violation

by

the Agent of the anti-rebate or improper inducement laws of any state or jurisdiction.

g) Revocation

by

any

state

or

jurisdiction of

the agent s

license

to

act

as

a

soliciting

agent.

12

.

Any

failure of

New

York

Life

in any instance

to

terminate this

contract when

cause

for

such

termination

exists,

or

to insist upon compliance with any of the limitations,

terms,

provisions

and

conditions of this contract, shall not be

construed

as

a waiver of any of

New

York Life s rights

or

of any such

limitations,

terms,

provisions and

conditions,

or of the right of

New

York Life to thereafter enforce

its

rights or insist upon such compliance.

13

. The Agent agrees that upon termination of this contract for

any

reason, including but not limited to resignation or

retirement, the Agent

will not directly

or

indirectly contact,

for

a period of

one year

following such termination,

any policyowners of

New

York

Life within the state or states

in

which the Agent is

licensed

to sell insurance

and/or

annuities, for the

purpose

of

inducing

or attempting to induce such policyowners to cancel,

lapse

or otherwise

surrender

policies sold through

New

York

Life

.

14

.

Except for

the right to

receive

commissions,

the rights, interests and

claims of the Agent against

New

York

Life

arising under or growing

out

of this contract

are

not

assignable,

and no

assignee shall acquire any rights

thereto

,

without

the

written consent

of

New

York

Life. The

right to receive commissions under this

contract may be

assigned

without

the written consent of New

York

Life, but New

York

Life must receive reasonable proof of

such

assignment before it commences payment

to

an assignee. The rights of an assignee under any assignment to which

consent has

been

or may be given or to an assignment of

the

right to receive commissions,

shall be subject

to

the

paramount

and

prior

lien

given to New

York Life by Section 9 above.

15. Commissions on Individual Life Insurance, Individual Health Insurance an individual Annuity Policies

New

York Life shall

pay to the Agent, subject to all the limitations , terms, provisions and

conditions

of this

contract, commissions

on

premiums

received

by

New York Life

under individual life insurance; individual health

insurance and

individual

annuity policies effected upon applications obtained by the Agent while this contract is

in

force,

such

commissions

being

at

the

applicable rates

and

for

the

policy

years, or portions

thereof,

and under the

rules and conditions as specified for

agents

operating under Agent s Contract (Form

N8}

in New

York

Life s

schedules

of

first year

and renewal commission rates

in force

at

the

time

the

applications

are

obtained unless

specified

otherwise,

in

writing,

by

New

York

Life.

A copy of such schedules will be available for the Agent s

inspection at

any

reasonable time

at the General

Office

named above.

New

York

Life reserves

the

right to change compensation,

in

whole or

in

part, at any

time

by giving written notice

to the

Agent

and

the

new rates, policy years ,

rules

and conditions will apply as set

forth

in the

schedules

.

3



On all

types

and

plans of individual life insurance, individual health insurance and individual annuity policies

which

New

York

Life may issue and which are not

included in

the schedules o first year

and renewal commission

rates,

or

although included

in

such schedules are issued under special underwriting terms

and

conditions,

the

commissions shall

be

such

as

shall

be

designated

in

writing

by an

Executive Officer of

New York

Life.

16. Service Fees on Individual Life and Individual Health Insurance Policies-New York Life shall pay to the

then current agent of

record,

subject to all the limitations, terms, provisions and conditions of this contract, service

fees

on

premiums

received

by New York Life under individual

life and

individual health

insurance

policies,

such

service fees

being at

the

applicable rates

and for the

policy years, or portions thereof,

and

under

the

rules

and

conditions

as

specified for agents operating under Agent s Contract

Form N8)

in

New York

Life s

schedules

of

fJISt year and renewal

commission

rates

in

force at the time the policy applications are obtained unless specified

otherwise, in

writing,

by New York

Life.

A service fee will

be

paid to

the

then current agent of record only

if,

at the time the fee s payable,

a) the policy for which

the

fee s payable

is in

force, and

b)

the agent of record is operating under an Agent s Contract with New York Life,

and

c)

the

agent of record is servicing the policy

in

a manner satisfactory to both

the

policyowner

and

New York

Life. New York Life s decision shall be controlling

in

any dispute

as

to whether service

is

being provided in

a satisfactory

manner.

17. Compensation on Group Insurance Policies, and Group Annuity Policies-New York Life shall pay to the

Agent, subject to all the limitations, terms, provisions

and

conditions

o

this contract, compensation

on

premiums

received by

New

York

Life

under group insurance policies

and on

considerations received by New York

Life

under group annuity policies effected upon applications obtained through the solicitation o the Agent while this

contract is

in

force. The amount of such compensation will be determined in accordance with New York Life s

compensation rates and rules in

force at

the time

such policy

takes effect. A

copy

of

such

compensation rates and

rules will

be

available for

the

Agent s inspection at any reasonable time at

the

General Office named above.

New York Life reserves the right

to

change compensation, in whole or in part, at

any

time without notice to the

Agent and the new

rates,

policy years,

rules

and conditions will apply to premiums received on

coverage which

becomes effective after any such change takes

effect.

Compensation with respect to a)

group

insurance additions, extensions, liberalizations, reinstatements or

replacements, and b) group insurance underwritten jointly

by

New York Life and

another

insurer

or

reinsured,

in

whole

or in part,

by

another insurer or

by

New York Life, shall be determined

in accordance with

New York Life s

rules and regulations, whether published or unpublished,

which

are

in

effect at the

time

of the addition, change or

underwriting.

18. Any

commissions payable

under

this

contract after

the

Agent s death shall be credited to the Agent s

account,

as

they

become

due,

and

be payable to the Agent s executors, administrators or assigns after deduction therefrom of

any indebtedness or obligation of

the

Agent to New York Life.

19.

Nothing

in this

contract,

or any

amendment

or

supplement

to this contract, nor

in

any of the printed literature or

forms of New

York

Life shall impair New York Life s

right

to the full and free exercise of its judgment

in

acting

upon

any application for an insurance

or

annuity

policy;

and

the

Agent shall

have

no right

to

any commission

for

submitting any application upon

which no

insurance or annuity policy

is

effected with

New

York

Life.

20. Written

notice

to the Agent under

this

contract or

any

amendment or supplement to this contract may be given by

mail or by

publication

in

any official publication

or

bulletin of

New

York

Life or

by any other means, except that a

notice under

Section 10 or Section

11 above

shall

not

be

given by

means of such publication. If

the written notice

to the Agent is

given

by mail, it shall be deemed to have been given when duly addressed and mailed to the last

known

post

office

address of

the

Agent, postage prepaid. If such notice

is

given

by

publication,

it

shall

be deemed

to

have

been given whenever published as

above.



21.

This contract shall

take

effect as

of

the

effective date stated on Page

1

hereof,

if

duly signed by the Agent

and

countersigned on

behalf

of

New York Life

.

22.

The Agent shall obtain and maintain errors and omissions insurance

coverage

in an amount

equal

to not less

than

1

million

per occurrence. Coverage must be

obtained by

the earlier

of

the end

of

the Agent's First Contract Year

or

at the

time

the

Agent

enters into

a

Registered Representative's

Agreement and must be maintained

as

long

as

the

Agent's Contract remains

in

effect. The Company

reserves

the right to change the amount

of

coverage at any

time

by giving written notice

to

the Agent.

23

.

The first Contract

Year under this contract

will commence on

the

effective date

in the

calendar

month

stated on

Page

1 hereof and

will end in the next succeeding year on the last day

of

the calendar month

· pecified

in said

effective date. Each subsequent Contract Year

shall

be

a

period

of

twelve

(12)

consecutive calendar months

ending

in each succeeding year on the last

day

of

the calendar

month so

specified. It is understood

and

agreed

for

all purposes

of the

Agent's association with New York

Life

that any policies effected upon applications obtained

by the

Agent while any

Introductory Contract was

in

force immediately prior

to

the effective date

of

this

Agent's

Contract,

shall be deemed to

have

been obtained during

the first Contract

Year, as defined above.

5



IN WITNESS WHEREOF

the

parties

to this contract

have

subscribe

their

names hereto and to

a duplicate hereof.

Witnessed by

Countersigned

by New York Life

Insurance Company and New York Life

l n s u ~ e and

Annuity

Corporation and

NYLIFE

Insurance

Company

of Arizona

on

_____

by

Title

Agent

NEW

YORK LIFE INSURANCE COMPANY

NEW YORK LIFE INSURANCE

AND

ANNUITY CORPORATION

AND

NYLIFE

INSURANCE

COMPANY OF

ARIZONA

by

- 6

~ ~

Phillip

J.

Hildebrand

Executive Vice President

in

Charge of

the Agency Department



•

June 3, 2015

New York Life Insurance Company and

Annuity

Corporation

1155 Elm Street

Manchester, NH 03101

Attn: Nicholas Inglese

Dear

Mr

Inglese:

New Yori<

Life

Insurance

Company

50 Bridge Street

Suite

106

Manchester, NH

03101

Tel. 603

505

8999

Cel.

603

264

9696

Fax

603 782 5847

[email protected]

Ketler

Bosse

Financial Services Professional

The ComJ>all) Yo K ~ e p '

You had asked

to

explain how the application for Erika Applegate (24207770) was taken and how the

client confirmed

the

transaction and received

the

copy

of

her

application.

I was misinformed and was under the impression that I could email the application

to

me and

forward it

a .-

A L

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responding

to

my

request

for her

email.

I

sent i t on

that

date and

as

soon

as I

had received it,

I

forwarded the email to my Client, Erika Applegate. My email records

will

confirm that I forwarded her

the E-App email on

the

date

of

this application.

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why

it

may be

a problem

since there s

no

way to confirm she received

it

in her email.

Regards,

etter Bosse

Centur;on Award

Licensed Agent

New York

Life Insurance Company

New

York

L1fe

Insurance and

Annuity

Corporation

A

Delaware Corporation),

New

York, NY

Registered Representative offering

securities through NYLIFE Securities LLC

Member FINRNSIPC

A Licensed Insurance Agency

1155 Elm

St.

8th Floor

Manchester. NH

03101

603 669 5957



•

January 12 2016

Nicholas Inglese

G.O. Agency Standards

Consultant

New

York


1155

Elm

Street gth Floor

Manchester NH 03101

Dear Nicholas

Inglese:

New

York Life

Insurance

Company

50 Bridge Street

Suite 106

Manchester, NH

03101

Tel. 603 505 8999 Cel. 603 264 9696

Fax 603 782 5847

[email protected]

Ketler

Bosse

Financial Services Professional

llr Compa y You up•

This letter verifies that the e-mail

sent on

March 5 2015

to

Erika

Applegate

in

connection

with

herE-Life application

was forwarded

to her

by me. The PI received and

signed the requirements personally from her computer and e-mail.

Sincerely

·

Ketler Bosse

Centur on ·vard

Licensed Agent

New York


New

York Life Insurance and Annuity Corporation

(A Delaware Corporation , New York, NY

Registered Representative offering

securities through NYLIFE Securities LLC

ember F NRAJSIPC

A Licensed Insurance Agency

1155 Elm

St,

8th Floor

Manchester, NH 03101

603 669 5957



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v Recent

Mail

KETLER

BOSSE

Search

Wckom< to i g n a t u

[email protected]

Your funds are now

Walmart.com

Your Walmart.com

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won't wait

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<[email protected]

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1c ERIK

PPlEG TE

Hello ER

IKA

APPLEG

AT

E (Pl. Applicant. Owner),

03/0SilS at 3.56 PM

Yo

ur

electro

nic

app

licati

on f o

rms

are ready for yo

ur review and

electron

ic

New York Lffe enables you

Ia

review and sign your application forms electronically. You

process by verifying your personal identity.

To

do

so. please dick the

button

below.

Once your personal identity has been validated. you will be given the option to:

1. Read and agree to the Customer Electronic Consent and Disclosure

2. Review your forms

3. Electronically sign all forms related to your application

If you have any questions regarding this transaction, please contact your New Vorl< Life

Please do not respond to this email as it is an automated message.

Having

trouble viewing

the

images

in

this

email?

Your email provider may have prevented the automatic download of some images 1

may manually adjust your settings to allow the •mages to display, or Qlick Here to be

application.

If you are viewing this message from within your Junk or Spam folder, you may be

to your inbox.

Reply R ply All

or

Forward I More

Click to Reply, Reply All

or

Forward

.-- - -

I

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t

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- -

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----- -

· •

.

- L L

Fw: Welcome toe Signature from New York Life

Erika Applegate

[[email protected]]

Sent: Thursday, September 17, 2015 3:47 PM

To: Ketler

Bosse

On Thursday, March 5, 2015 3:56PM KETLER BOSSE <[email protected]> wrote:

Hello ERIKA APPLEGATE (PI, Applicant, Owner),

Your electronic application forms are ready for

your

review and electronic signature.

New York Life enables you to review and sign your application forms electronically. You can now begin that

process by verifying your personal identity.

To do so, please click the button below.

- - ~ . . . . - - - - n : . - - - - - - . . ~

,....

. .

I - ' '

......

t :

.

Once your personal identity has been validated, you will be given the option to:

1. Read and agree to the Customer Electronic Consent and Disclosure

2.

Review your forms

3. Electronically sign all forms related to your application

If you have any questions regarding this transaction, please contact your New York Life Agent.

Please do not respond to this email as it is an automated message.

Having trouble viewing the images

in

this email?

1

a ~ ~ ~ ; ;

1

V l

1

Your email provider may have prevented the automatic download of some images contained in this message. You

may manually adjust your settings to allow the images to display,

or

Click Here to be directed to your online

application.

If you are viewing this message from within your Junk or Spam folder, you may

be

required to move the message

to your inbox.

h t t m : · / l m A r ~ r i ft nPurvorldifP r o m / o w ~ / ? ~ p = f t p m t = T P M NntP iti=Ro A A A A R 1 Ri

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t l



4/15/2016

Equa

l Employment Opportunity (EEO) INYL

In

tranet

NEWS MY WORK TOOLS & SERVICES

DIRECTORY HELP & RESOURCES

Equal

mployment

Opportunity (EEO)

Created by

De

nise Foley on Oct

27,

2014 2:47 PM. Last

modified by

Den

is

e Foley on

Apr

13, 2016 8:

15AM.

New

York Life has a

long

-standing

commitment to

equal

employment

opportunity EEO).

Through this

policy,

the

Company

is

fulfilling a compelling moral and social

obligation

as

well

as

complying with

the

law.

Since 1964, when New York Life was the first life insurance

company to

sign a voluntary Plan

for

Progress

with the President

of

the United States,

the

Company has made significant progress in employing and

advancing minorities and women.

All

employment

practices, inc luding hiring, training and development, compensation,

promotion

benefits,

tuition assistance, and separation are administered on

the

basis of qualification and

merit

without regard

to

age, citizenship, color, ethnicity, gender, gender identity, genetic information, marital status, national

origin, physical

or

mental disability, political affiliation, race, religion,

sex,

sexual preference

or

orientation,

veteran,

or other

protected status.

It is also part of our policy to ensure that the work

environment

is free of unlawful discrimination or

harassment based on age, citizenship, color, ethnicity, gender,

gender

identity, genetic information, marital

status, national origin, physical

or

mental disability, politica l affiliation, race, religion,

sex,

sexual preference

or orientation, veteran, or other

pmtected

status,

as

well

as

free from harassment

for

any

other

reason.

All

of

the Company's supervisoty and management personnel are responsible

for implementing New

Yo rk

Life's policy of equal employment

opportun

i

ty

and affirmative action.

C

omplai

nt Investigation Procedure

Every New York Life

employee

has a

duty

to prevent and immediately report any incidents of

discrimination

that

they

witness

or

of which they are a victim. The Company will

not

pet-mit retaliation

against any employee

who

makes a complaint of possible discrimination, participates in an investigation,

or

opposes a discriminatory practi

ce.

Please

see

the Complaint & invest iga

ti

on procedu

re

for

further

details.

7 V

iew

s Categor i

es

: Emplo yee Hand

bo

ok Tags: policy, opportunity, employment,

eeo,

equal

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of

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DOC-

1404



4/15/2016

Sexual harassment and other types of harassment INYL Intranet

NEWS

MY WORK TOOLS & SERVICES

DIRECTORY HELP & RESOURCES

Sexual h r ssment and other types of

h r ssment

~ e r s i o n

2

Created by Denise Foley on Nov

6,

2014 8:59AM. Last modified by Denise Foley on Apr

1,

2016 3:22 PM.

New York Life has a zero tolerance policy with regard to sexual or any type of harassment. Harassment in

the workplace, whether based on person's

age,

citizenship, color, ethnicity, gender, gender identity,

genetic information, marital status, national origin, physical or mental disability, political affiliation,

race,

religion,

sex,

sexual preference or orientation, veteran or pther pro tected status,

is

strictly prohibited.

Accordingly, our day-to-day work environment must be free

of

all forms

of

harassment or intimidation.

Sexual Harassment

Sexual harassment is a form

of

sex discrimination which violates federal, state, and local laws. Under

federal

law,

sexual harassment

is

a violation

of

Title

V of

the Civil Rights Act

of

1964.

According

to

the Equal Employment Opportunity Commission

EEOC),

sexual harassment includes

unwelcome sexual advances,

as

well as verbal or physical conduct

of

a sexual nature. Such conduct is

considered

to

be illegal when:

•

it

becomes condition

of

employment;

• employment decisions are made because

of

it;

•

it

unreasonably interferes with an individual's work performance; or,

•

it

creates

an

intimidating, hostile, or offensive working environment.

Sexual harassment can occur equally to men and women, to same and opposite-sex situations,

to

manager-subordinate work relationships,

to

peer work relationships and

to

employees, agents, applicants,

customers, vendors and others outside the Company.

Some examples of behavior that is prohibited by the Company's policy include repeated sexual flirtation,

propositions, remarks about

an

individual's body, sexually degrading words, jokes or e-mails, innuendoes,

gossip, touching, leering, displaying sexually oriented cartoons, pictur

es,

internet sites or screen

savers,

other sexually oriented statements, and/or conduct.

Oth er Types of Harassment

New York Life also will

not

tolerate any forms

of

harassment

of an

individual including harassment related

to

his or her age, citizenship, color, ethnicity, gender, gender identity, genetic information, marital status,

national origin, physical or mental disability, political affiliation, race, religion,

sex, sexual

preference or

orientation, veteran

or

other protected status. Some examples of behavior that is prohibited are unwanted

verbal or physical abuse (including threats), destruction

of

property, graffiti, gossip,

joking

about one's or

group's protected status or other inappropriate comments, drawings,

or

any other such conduct or

behavior.

Complaint Investigation Procedure

Every New York Life employee has a duty

to

prevent and immediately report any incidents

of

harassment

or

conduct

of

a sexual nature that they witness or

of

which they

are

victim.

The

Company will

not

permit

retaliation against any employee who makes a complaint of possible harassment, participates in an

investigation, or opposes a discriminatory practice.

Please

see the Complaint

&

investigation procedure

for

further details.

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2067



4 15 2016

bout New York ife

Who We Are

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Company

nformation

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I

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4/15/2016 Complaint investigation procedure JNYL Intranet

NEWS MY WORK TOOLS SERVICES

DIRE TORY

HELP RESOUR ES

ompl int investi

g tion

procedure

e r s i o n 2

Created by Denise Foley on Nov 6 2014 9:02 AM. Last modified by Denise Foley on Apr

1

2016 3:22 PM.

New York Life employees are entitled to

an

environment free of discrimination and harassment. Each

member

of

management

is

responsible

for

creating such

an

environment. In addition, all employees have

an obligation to respect the rights of their co-workers

and

others in the workplace. In this regard, all

employees have a du ty to act responsibly to prevent discrimination and harassment, to bring to the

Company's attention any incidents

of

discrimination or harassment

in

violation of Company policies, and

to cooperate in any Company investigation.

An employee should follow the complaint procedures described below if the employee believes he or she

has been subject to discrimination or harassment based on age citizenship, color, ethnicity, gender,

gender identity, genetic information, marital status, national origin, physical

or

mental disability,

race

religion, sex sexual preference or orientation, veteran, or other protected status. In addition, an employee •

should follow the complaint procedures described below

if

he or she is aware of or observes any conduct

in violation of New York Life's policy against discrimination and harassment, including sexual harassment,

sexually suggestive conduct, or harassing behavior.

• An employee should notify his/her manager regarding a complaint of discrimination

or

harassment.

• If an employee believes

it

would be inappropriate to discuss the matter with his/her manager, he or

she should not ify the person in the next highest level of authority in the department.

• An employee may contact his/her Human Resources Business Partners or the Employee Relations

Group

of

the Human Resources Department at 212-576-5368 or 914-846-6431.

• An employee may contact the Ethics Hotline at 888-331-0619

or

www.ethicspoint.com.

• Agency personnel may also contact Zone Agency Standards at the following numbers:

Zone

Telephone

Northeastern 914-847-

9115

Pacific 925-945-

3781

South Central

770-343-

6051

West Central 214-473-

3930

• Agency Management must also notify the Zone Office regarding any complaints by or against an

employee.

• Managers must contact thei r Human Resources Business Partner to ensure that Human Resources

is

aware of any complaints or incidents

of

discrimination

or

harassment concerning an employee.

The Company will review each complaint and undertake a prompt, thorough, and objective investigation of

the matter. Complaints will be kept confidential

to

the extent feasible. If, after the investigation, the

Company believes that its policy against discrimination and harassment has been violated, corrective

action will be taken against the offender, up to and including termination

of

his/her employment.

Each employee of New York Life has a duty to prevent

and

immediately report any discrimination,

incidents of harassment, or conduct of a sexual nature. The Company will not permit retaliation against any

employee who makes a complaint

of

possible discrimination

or

harassment, participates in an

investigation,

or

opposes a discriminatory practice.

It

is

the responsibility of every employee to cooperate in all Company investigations. The Company

://nylintranet.newyorklife.com /docs/DOC-2068



2016 Complaint investigation procedure

INYL

Intranet .

reserves

the

right to take discip linary action against any employee

who

fails

to

cooperate

or who makes

false statements or provides false information

during

an i

nvestigation.

886

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2



016 Americans with Disabili ties Act (ADA) INYL Intranet

NEWS MY WORK TOOLS SERVICES DIRE

CTO

RY H ELP RESOURCES

Americans with Disabilities

ct

ADA)

3 Version4

Created by Denise Foley on Oct 27, 2014 2:55PM.

Last

modified by HR Admin on Apr 1 2016 3:22PM.

This federal legislation prohibits discr imination aga inst qualified individuals with disabilities who

can

perform the essential functions

of

the

job

with

or

without reasonable accommodation(s). Many states and

some localities have

laws

with similar

def

initions and requirements.

New York Life

has

and will continue to provide reasonable accommodations to enable us to hire and retain

qualified employees who are able

to

perform the essential functions of thei r positions. Consistent with this

commitment, New York Life collaborates with employees in exploring reasonable work accommodations

that

will enable individuals

to

successfully perform their obs and

to

enjoy equal benefits and privileges of

employment.

An individual is disabled under the ADA

if

he

or

she:

• has a physical or mental impairment

•

has

a record of such an impairment; or

•

is

regarded

as

having such an impairment.

A reasonable accommodation is a modificat ion or adjustment to a ob, the work environment, or the way

things usually are done that enables a qua lified individual with a disability to perform the essential

functions of the job.

In general,

an

employee should request an accommodation when she/he needs assistance, due to a

disability, in competing for a job performing a ob r

ga

ining equal

access

to a benefit of employment.

To begin this process, employees should contact their

HR

Bus iness Partner or the

HR

Employee Relations

Group. HR wil l then work with the employee and his/her manager to faci litate an interactive process and

determine next steps.

An employee may also contact his/her Human resources business partners

or

the HR Employee

Relations Group

to

discuss any questions or concerns with regard to the ADA .

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new york life answer to haitian ketler bossé title vii discrimination charge

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