A federal court ruled an Amsterdam, New York, eye doctor illegally fired an employee who reported a lack of COVID-19 protections to state health officials, the Occupational Safety and Health Administration (OSHA) announced August 12.
An OSHA whistleblower investigation found that the doctor and his practice retaliated against an employee for filing complaints with the New York State Department of Health. Between March and December 2020, the employee voiced concerns to their 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.
In March 2022, the Department of Labor’s (DOL) Office of the Solicitor filed a suit against the ophthalmologist.
The U.S. District Court for the Northern District of New York agreed that Kwiat and Kwiat Eye and Laser Surgery had retaliated against the employee for protected activity. The court forbade Kwiat and the practice from incurring future violations of the Occupational Safety and Health (OSH) Act’s antiretaliation provisions and required them to prominently post a notice for employees stating that the employers won’t discharge or in any way discriminate against any employee for engaging in activities protected by the whistleblower provisions (Section 11(c)) of the OSH Act.
The court will hold a hearing on the DOL’s request that the doctor and practice pay damages to the terminated worker for lost wages and benefits resulting from...
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