(AMSTERDAM, NEW YORK) – After a U.S. Occupational Safety and Health Administration (OSHA) Whistleblower Investigation, the U.S. Department of Labor’s (USDOL) Office of the Solicitor has filed suit against Dr. David Kwiat and his Amsterdam practice, alleging they illegally fired an Employee concerned about the practice’s failure to implement New York State-mandated protocols to protect Employees from COVID-19 - and later filed complaints with State Health Officials.

The Court agreed that defendants had retaliated against the Employee based on protected activity.  The Court then permanently forbid Kwait 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 the employers will not discharge or in any manner discriminate against any Employee for engaging in activities protected by section 11(c) of the OSH Act.  The Court also ordered Kwiat is to pay a contempt fine of $1,250 to the court for discovery violations.

“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 said.

“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,” Regional Solicitor of Labor Jeffrey Rogoff said.

The Court will hold a hearing on the USDOL’s request the doctor and the practice pay damages to the terminated Worker for all lost wages and benefits resulting from their unlawful firing, as well as reimburse them for costs, expenses, and other pecuniary losses incurred and compensation for non-economic losses, including emotional distress and pay exemplary or punitive damages.

OSHA enforces the Whistleblower Provisions of the Occupational Safety and Health Act and 24 other statutes protecting Employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime, securities, tax, antitrust, and anti-money laundering laws and for engaging in other related protected activities.

To Directly Access This Labor News Story, Go To: Federal court finds upstate New York eye doctor, practice illegally fired employee who reported lack of COVID protections to state health officials | U.S. Department of Labor (dol.gov)