DOL sues N.Y. ophthalmologist over reported COVID-19 hazards
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The U.S. Department of Labor has filed suit against an ophthalmologist and his practice in Amsterdam, New York, for allegedly firing an employee who 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 complaint alleges that between March and December 2020 an employee expressed concerns to their supervisor at Kwiat Eye and Laser Surgery PLLC about the lack of COVID-19 safety protocols, including mask-wearing and social distancing, according to a statement issued by the department on Thursday.
The Occupational Safety and Health Administration conducted a whistleblower investigation which found that the owner Dr. David Kwiat and his practice retaliated against the employee for filing complaints with the New York State Department of Health. The investigation revealed that Dr. 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, according to the department.
The department is asking the court to enjoin the defendants permanently from future violations of the OSH Act’s anti-retaliation provisions and order them to reinstate the worker and pay damages to the complainant for all lost wages and benefits resulting from their unlawful termination, among other requests.
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