By HFT Staff

The U.S. Department of Labor recently filed suit against a New York ophthalmologist and his practice in Amsterdam for allegedly firing an employee who had raised concerns about the practice's failure to implement state-mandated protocols to protect employees from COVID-19 and later filed complaints with state health officials.  

The department's complaint alleges that between March 2020 and December 2020, an employee expressed 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 Dr. David Kwiat.  

The department's Occupational Safety and Health Administration (OSHA) conducted a whistleblower investigation, which 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, and he specifically cited the employee's contact with state officials as the reason for the termination.  

“The Occupational Safety and Health Act guarantees workers the right to raise safety and health concerns to their employers without fear of termination and retaliation. When a business owner retaliates against employees for filing a complaint, it creates a chilling effect on others from coming forward with concerns about health and safety hazards in their workplaces,” says Richard Mendelson, OSHA regional administrator in New York.  

“Pursuing retaliation cases such as this one remains a priority for the U.S. Department of Labor. Employers must be held accountable both for their failures to follow critical safety protocols during a global pandemic and for firing employees who report such failures,” says Jeffrey S. Rogoff, regional solicitor of labor in New York.