The U.S. Department of Labor (DOL) has filed suit against an Amsterdam, New York, ophthalmologist for firing an employee who raised concerns about the practice’s failure to implement state-mandated protocols protecting employees from COVID-19 and later filed complaints with state health officials.
The DOL’s complaint alleges that, between March and December 2020, an employee expressed concerns to the employee’s supervisor about the lack of COVID-19 safety protocols, including mask wearing and social distancing, at Kwiat Eye and Laser Surgery PLLC, operated by David Kwiat, MD.
The federal Occupational Safety and Health Administration (OSHA) conducted a whistleblower investigation that found the doctor and his practice retaliated against the employee for filing complaints with the New York State Department of Health. The investigation revealed that Kwiat fired the employee the same day the health department contacted his office. Kwiat specifically cited the employee’s contact with state officials as the reason for the termination.
Federal OSHA enforces whistleblower protections under the Occupational Safety and Health (OSH) Act, as well as 24 other statutes regarding airline, commercial motor carrier, consumer product, food, and motor vehicle safety, as well as environmental, financial reform, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money-laundering laws.
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