The U.S. Department of Labor reportedly filed a lawsuit against a New York ophthalmologist for allegedly firing an employee who raised health and safety concerns, according to a March 17 news release.
The department filed suit against Dr. David Kwiat and his practice, Kwiat Eye and Laser Surgery. in Amsterdam, N.Y. Kwiat is said to have fired an employee who complained about unsafe COVID-19 practices, which led to an Occupational Safety and Health Administration whistleblower investigation.
"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," Richard Mendelson, OSHA region 2 administrator, said. "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."
DOL's complaint filed in U.S. District Court for Northern New York claimed that between March and December 2020, an employee "repeatedly complained to her supervisor" about the practice's "failure to follow New York state-mandated health and safety protocols, such as requiring the use of face masks." Kwiat reportedly fired the employee "on the spot" and "directly and explicitly" said he was firing her for contacting state officials with her health and safety concerns, the complaint said.
An OSHA investigation found, among other things, Kwiat did not require employees or patients to wear face coverings, to maintain social distancing or follow other COVID-19-related sanitary protocols, according to the complaint. Kwiat also is alleged to have continued performing non-emergency procedures, which contravened state directives.
Reportedly, when patients asked Kwiat to wear a mask, he "refused to treat them and removed them from their practice," the complaint said. Kwiat also allegedly said he would fire "employees who talked about COVID-19 at the workplace" and those who got tested for COVID-19. Kwiat reportedly said he did not want the medical practice to be investigated by the health department, the complaint said. Kwiat also required his employees work even when their family members at home had tested positive for COVID-19, according to the complaint.
The local sheriff's office responded to at least two complaints by Kwiat's patients saying Kwiat was not complying with health and safety mandates, according to the complaint.
"In both instances, the Montgomery County Sherriff’s Office, which received the complaints, investigated, observed Defendants' employees not wearing masks and admonished Dr. Kwiat for refusing to require the use of masks," the complaint said. "Even after the Montgomery County Sheriff’s Office’s investigation, Dr. Kwiat refused to require employees to wear masks and refused to take any other measures to address the dangers posed by COVID-19."
