Court rules New York ophthalmologist illegally fired employee for raising concerns about practice’s COVID-19 safety protocols

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The U.S. Department of Labor announced it won a permanent injunction in federal court in a case alleging an employee of a New York ophthalmologist was illegally terminated for raising workplace COVID-19 safety concerns.

The Department of Labor noted that following an Occupational Safety and Health Administration whistleblower probe, the Department of Labor’s Office of the Solicitor filed against David Kwiat, MD, and Kwiat Eye and Laser Surgery PLLC in Amsterdam, New York, alleging they terminated an employee who had expressed concern about the practice’s failure to implement state-mandated protocols to protect employees from COVID-19, and later filed complaints with state health officials.¹

US District Court Judge Anne Nardacci, presiding in the Northern District of New York, ruled the defendants illegally retaliated against the employee based on protected activity.

Nardacci permanently prohibited Kwiat and the practice from future violations of the Occupational Safety and Health Act’s anti-retaliation provisions and required them to prominently post a notice for employees stating that the employers will not terminate or discriminate against any employee for engaging in activities protected by statutes of the OSH Act.

According to the news release, the court also ordered Kwiat to pay a $1250 contempt fine to the court for discovery violations.

The Department of Labor noted that Nardacci will hold a hearing on the department’s request that Kwiat and the practice pay damages to the terminated worker for all lost wages and benefits resulting from the unlawful termination. The court also will consider reimbursement to the worker for costs, expenses, and other pecuniary losses incurred, and compensation for non-economic losses, including emotional distress; and pay exemplary or punitive damages.

The decision was lauded by regional officials.

The court’s decision reinforces the Occupational Safety and Health Act’s guarantee that workers have the right to raise safety and health concerns to their employers and file complaints with OSHA and other regulatory agencies without fear of termination and retaliation and the chilling effect such actions have on workers’ coming forward with concerns about health and safety hazards in their workplaces,” OSHA Regional Administrator Richard Mendelson in New York, said in a statement.

Regional Solicitor of Labor Jeffrey S. Rogoff in New York said the case demonstrated the ability of the Department of Labor to protect workers.

“As this case shows, the U.S. Department of Labor will use all enforcement tools available, including litigation, to stop employer conduct that denies workers their legal rights to voice their concerns and file complaints about potential health and safety hazards in their workplace,” he said in a statement.

The case was investigated by the OSHA New York Region’s Whistleblower Protection Program, and Senior Trial Attorney Bertha M. Astorga in the Regional Office of the Solicitor in New York is handling the case.

Reference:

1. Federal court finds upstate New York eye doctor, practice illegally fired employee who reported lack of COVID protections to state health officials. DOL. Published 2024. Accessed August 14, 2024. https://www.dol.gov/newsroom/releases/sol/sol20240812