A dental hygienist and dental assistant have won $15,706 in back wages to be paid by the North Texas dentists who fired them for raising concerns about COVID-19 safety measures in spring 2020 following a federal whistleblower investigation conducted by the Occupational Safety and Health Administration (OSHA) and litigation filed by the Department of Labor (DOL), OSHA announced February 22.
OSHA’s whistleblower investigation found that Roger and David Bohannan of Roger H. Bohannan DDS Inc. of North Richland Hills, Texas, furloughed the two employees when Texas banned specific dental procedures in March and April 2020 at the height of the pandemic.
During their furloughs, the dental hygienist and dental assistant asked what safety measures would be in place when patients and employees returned. The practice would not reinstate the hygienist after citing health and safety guidance from OSHA and the Centers for Disease Control and Prevention (CDC).
After the dental assistant inquired about safety measures and protection, the practice rescinded a rehire offer. Both employees were terminated by the practice.
OSHA determined the employer had retaliated against the workers for raising health and safety concerns, violating the employees’ rights under the Occupational Safety and Health Act of 1970. The DOL filed suit in July 2021 in the U.S. District Court for the Northern District of Texas, Fort Worth Division.
The Bohannans and Roger H. Bohannan DDS Inc. agreed to pay the back...
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