The U.S. Department of Labor on Monday announced that it won a permanent injunction in federal court in a case alleging that an employee of an eye doctor practice was illegally fired for raising workplace COVID-19 safety concerns.
The DOL had filed suit in March 2022 against ophthalmologist David Kwiat and his practice, Amsterdam, New York-based Kwiat Eye and Laser Surgery PLLC, over claims that the business violated federal whistleblower laws when it fired the worker, who had voiced concern about the practice’s failure to implement state-mandated COVID-19 protocols.
U.S. District Court Judge Anne Nardacci, sitting in the Northern District of New York, determined that the defendants illegally retaliated against the employee based on protected activity.
The judge issued a permanent injunction prohibiting the defendants from committing future violations of the Occupational Safety and Health Act’s anti-retaliation provisions and mandated that the business post notices for employees stating that they would not be discriminated against for raising workplace safety concerns.
The business was also ordered to pay a small contempt fine.
The DOL said Judge Nardacci will hold a hearing to determine whether the doctor and his practice must pay damages to the fired worker for lost wages and benefits, and whether the worker is entitled to additional compensation and other forms of relief. A date for the hearing was not given.