New York Life Insurance Company

51 Madison Avenue
New York , NY 10010-1655
212-576-4504 Fax:212-447 - 4268

cpinchianewyorklife.com

Christopher Pinchiaroli
Corporate Vice President

April26, 2016

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

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 Life Insurance Company ("New York Life" or the
"Company") to the charge of employment discrimination filed against it by one of its
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 jurisdictional defense, New York Life does not waive any of its 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 affiliation 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 relationship 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
Page 2
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 impermissible 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 its 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 untrained eye, to be an amateur after-the-fact cutand-paste job. (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 lacks jurisdiction over this dispute
and, regardless, the charge lacks merit. Either way, it should be dismissed.

II.

THE CHR AND EEOC LACK JURISDICTION BECAUSE MR. BOSSE WAS NOT AN
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 the 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 generally 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 the Civil Rights Act of 1964 defines an "employee" as follows:
The term "employee" means an individual employed by an employer.
42 USC 2000e(f).

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 3
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 the 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 freedom
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 of employer and employee between New York Life and the
Agent. Subject to the provisions of this 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 Life'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 loyalty or fidelity. Loyalty or fidelity is a sure hallmark of employee status. Its
absence is indicative of a truly independent businessperson.
Mr. Bosse's ability to earn income was entirely dependent upon his sales efforts. If these
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 loss.
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 insurance and financial products.
As an independent contractor, Mr. Bosse was not 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 to work. Mr. Bosse was not entitled to
sick, holiday, or vacation pay. Moreover, Company agents are not covered by the same
health insurance, pension plan, and Section 401 (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 operating 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 their 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 their 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 the "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 jurisdiction to decide the merits of Mr. Bosse's charge.
Therefore, it must be dismissed.

Ill.

INSURANCE AGENTS HAVE BEEN FOUND TO BE INDEPENDENT

CONTRACTORS, OUTSIDE THE SCOPE OF THE EMPLOYMENT LAWS

Insurance agents, like Mr. Bosse, have traditionally and consistently 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 and their agents
have consensually ordered their business relationships and planned their economic
expectations.

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 5

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 the term "employee," the common law test should apply. This test, the socalled "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 the
instrumentalities and tools; the location of the work; the duration ofthe
relationship between the parties; whether the hiring party has the right to
assign additional projects to the hired party; the extent of the 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 activities 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
Page 6
of Title 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 Jenkins v. Travelers Ins. Co., 436 F. Supp. 950 (D. Ore. 1977),
where the issue was whether the plaintiff, an insurance agent for defendant, was "an
'employee,' within the meaning of Title VII." /d. at 951. The following factors led to the
court's conclusion that Jenkins was not an employee and thus was not 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:

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 7
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 plaintiffs 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 contractor status is found in Dake v. Mutual
of 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
plaintiff, 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

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 8

(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 the Ninth Circuit Court of Appeals 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 the
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 Murray 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 the Law Against
Discrimination and Title VII.

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 9

IV.

NEW YORK LIFE AGENTS HAVE CONSISTENTLY BEEN FOUND TO BE

INDEPENDENT CONTRACTORS BEYOND THE SCOPE OF FEDERAL AND
STATE EMPLOYMENT LAWS

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 judgment 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 Life 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:

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 10
[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 law.
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. New 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 these facts, we conclude that Barnhart was not an
employee of New York Life for purposes of ... the AD EA.
Barnhart, 141 F. 3d at 1313.

A similar result was achieved in Solowayv. New York Life Ins. Co., No. CIV-77-0849-D (W.D.
Ok. 1978) (claim under ERISA).
Similarly, in Mehtani v. New York Life Ins. Co., 145 A.D.2d 90 (1st Dep't 1989), app. denied, 74
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

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 11
commissions; (3) the agent set his own work hours; and (4) the agent exercised his own
professional judgment in the solicitation of insurance 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 Life, 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 Life, EEOC Charge No. 453-2007-01587 (EI Paso District Office 2008)
Kramer v. New York Life, EEOC Charge No. 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 Life, EEOC Charge No. 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 Life, EEOC Charge No. 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
Page 12
Wehmeyerv. New York Life, EEOC Charge No. 360 88 0508 (San Antonio District Office
1988)
The Commission should follow the lead of these cases and dismiss Mr. Bosse's charge for
lack of jurisdiction.

V.

RESPONSES TO 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 the Charge are hereby
denied.
d. Other than as to jurisdiction, 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 independent contractor only, at the present time,
New York Life's witnesses are: Ketler Bosse, his accountant, his employees, his
landlord, representatives of the 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 jurisdiction of the OFCCP.

Investigator Burke Cohen

New Hampshire CCR
April 26, 2016
Page 13

VI.

SUMMARY

The foregoing demonstrates that Mr. Bosse's charge of unlawful discrimination must be
promptly dismissed for lack of jurisdiction because Mr. Bosse has been an independent
contractor and not an employee of New York Life.

Thank you for your kind attention to this matter, and if you should need additional
information please do not hesitate to contact me directly.
Sincerely,

1stopher Pinchiaroli
Corporate Vice President

Enclosures {4)
cc:

J. Skinner, Esq., attorneyskinnergmai/.com {via email only)

AFFIRMATION

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~EIAI YORI< LIFE

~ ..

II

603 624 9784 TO L I CEt-lSES

P.06/07

.. .

NEW YORK LIFE INSURANCE COMPANY

51 Madison Avenue, New York, NY 1001 0

NEW YORK LIFE INSUR4.NCE AND ANNUITY CORPORA TJON

(A Delaware Corporation)

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)

Address:
(Srre~l)

General Office:
Effective Date:

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<: issu~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 Offic~: 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 or 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 N~w York Life as oft he delivery date, and
-I-

-----------------------------~--------------------

l'lOl.! 14 2001 15:57 FR t-EW YORK LIFE

. ..

P.07/07

603 524 9784 TO LICENSES

e~

e subscribe theiT names hereto and to a duplicate hereof.

Agent

NEW YORK LIFE INSURANCE COMPANY

NEW YORK LIFE fNSURANCE AND
ANNUITY CORPORATION, AND NYLIFE
INSURANCE COMPANY OF ARIZONA
Countersigned by New York Li(e
Insurance Company and New York Life
lnsurllltce and Annuity Corpo111tion and
NYLIFE

lnsuran~;e

Company of Arizona

on___________________________, ____
by:--------;:-------by:

Title:-------------------

~\~

Phillip J. Hildebrand
Executive Vice Presiden[
in Charge of the Agency Department

6-

**

TOTC\L PAGE.07

**

II

NEW YORK LIFE INSURANCE COMPANY

51 Madison Avenue, New York, NY 10010

NEW YORK LIFE 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: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adme~: ________________________~~--------------------~---

(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 insurancepolicies,
group insurance policies, and group annuity policies, all on such plans as are i~ued by New York Life at the time and place
such applications are obtained. It 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
busine~ in any jurisdiction unle~ 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 an 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 twentyfour 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.
- 2-

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 PoliciesNew 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 of 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 is payable,

17.

(a)

the policy for which the fee is 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.

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 of 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 of 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.

- 4-

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 specified 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_ _ _ _ _ _ _ _ _ _ _ __
Agent

NEW YORK LIFE INSURANCE COMPANY

NEW YORK LIFE INSURANCE AND
ANNUITY CORPORATION, AND NYLIFE
INSURANCE COMPANY OF ARIZONA
Countersigned by New York Life
Insurance Company and New York Life
lnsu~ce and Annuity Corporation and
NYLIFE Insurance Company of Arizona

on__________________ , _____
by: ____________________________

Title:-------------------

by:

~\~

Phillip J. Hildebrand
Executive Vice President
in Charge of the Agency Department

- 6-

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
kbosse@ft.newyorklife.com

Ketler Bosse
Financial Services Professional

June 3, 2015

The ComJ>all)' Yo11 K~ep'

New York Life Insurance Company and Annuity Corporation

1155 Elm Street
Manchester, NH 03101
Attn: Nicholas Inglese
Dear Mr. Inglese:
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
!_._..,

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responding to my request for her email. I sent it 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.
--I .. .a..: ..... - I L--1 - - &.1--&. _, ,..,.J I-- .... .. ... 4- .a.L ... t- A ....... - .. - - - - - _._..._1... -~A.~ ...........
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why it may be

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a problem since there's no way to confirm she received it in her email.

Regards,

~~
Ketter 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

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
kbosse@ft.newyorklife.com

Ketler Bosse
Financial Services Professional
Tllr Compa11y You Kup

January 12, 2016

Nicholas Inglese
G.O. Agency Standards Consultant
New York Life Insurance Company
1155 Elm Street, gth Floor
Manchester, NH 03101
Dear Nicholas Inglese:
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

Centur1on Avard

Licensed Agent
New York Life Insurance Company
New York Life Insurance and Annuity Corporation
(A Delaware Corporation), New York, NY

Registered Representative offering

securities through NYLIFE Securities LLC
Member F!NRAJSIPC
A Licensed Insurance Agency
1155 Elm St, 8th Floor
Manchester, NH 03101
603 669 5957

rl::tgt: 1 Ul 1

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Welcome toe -Signature from New York Life

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KffiR BOSS <donotreplyPN1@ipipeline.com >

03/0SilS at 3.56 PM

1c ERIKA APPlEGATE

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Hello ERIKA APPLEGATE (Pl. Applicant. Owner),
Your electronic applicati on f orms are ready f or yo ur review and electro nic
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.

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KETLER BOSSE

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.

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Fw: Welcome toe-Signature from New York Life

Erika Applegate [applegateerika@yahoo.com]
Sent: Thursday, September 17, 2015 3:47 PM
To: Ketler Bosse

On Thursday, March 5, 2015 3:56PM, KETLER BOSSE <donotreplyPN1@ipipeline.com> 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?
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.
...... !

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rom/ow~/?~p=ftpm&t=TPM

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4/15/2016

Equal Employment Opportunity (EEO) INYL Intranet

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Equal Employment Opportunity (EEO)

Created by Denise Foley on Oct 27, 2014 2:47 PM. Last modified by Den ise Fo ley 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, including 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 t he Company's supervisoty and management personnel are responsible for implementing New York
Life's policy of equal employment opportun ity and affirmative action.
Complaint & Investigation Procedure
Every New York Life employee has a duty t o 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 practice. Please see the

Complaint & invest igati on procedu re for further

details.
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Sexual harassment and other types of harassment INYL Intranet

4/15/2016

NEWS

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DIRECTORY

HELP & RESOURCES

Sexual harassment and other types of

harassment

~Version 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 a 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 protected 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 VII 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 a 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, pictures, 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 a
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 a 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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Complaint & investigation procedure JNYL Intranet

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Complaint & investigation procedure

~ Version 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 duty 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 notify 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

914-8479115

Pacific

925-9453781

South Central

770-3436051

West Central

214-4733930

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
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Complaint & investigation procedure INYL Intranet .

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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 investigation.

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Americans with Disabilities Act (ADA) INYL Intranet

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Americans with Disabilities Act (ADA)

3 Version4

Created by Denise Foley on Oct 27, 2014 2:55PM. Last modified by HR Admi n on Apr 1, 2016 3:22PM.
This federal legislation prohibits discrimination against 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 definitions 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 their positions. Consistent with this
commitment, New York Life collaborates with employees in exploring reasonable work accommodations
that will enable individuals to successfully perform their jobs 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 impa irment; or
is regarded as having such an impairment.
A reasonable accommodation is a modificat ion or adjustment to a job, the work environment, or the way
things usually are done that enables a qualified 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 job, or ga ining equal access to a benefit of employment.
To begin this process, employees should contact their HR Business 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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