A federal jury in Massachusetts found an employer retaliated against an employee who reported an on-the-job injury, the U.S. Department of Labor reported.
The department filed a lawsuit against Tara Construction Inc. and CEO Pedro Pirez in February 2019 after a whistleblower investigation by the agency's Occupational Safety and Health Administration, according to a June 22 press release.
“The Occupational Safety and Health Act protects the rights of all workers, and – as we did here – we will pursue significant punitive damages when necessary to punish and deter those who violate workers’ rights,” Regional Solicitor of Labor Maia Fisher in Boston said, according to the release.
The lawsuit alleged that after the employee reported a serious injury, defendants initiated an investigation and facilitated the employee’s detention by the U.S. Immigration and Customs Enforcement, the release reported. OSHA opened a rapid response investigation into the labor complaint.
The jury assessed $200,000 in punitive damages against defendant Tara Construction and $400,000 in punitive damages against defendant Pedro Pirez, the release reported.
“We seek and obtain punitive damages under the laws we enforce to ensure employers understand that it is not only unlawful, but also costly, to retaliate,” Fisher said, according to the release.
Solicitor of Labor Seema Nanda said the department will not tolerate retaliation against employees who make complaints about workplace abuses. That includes an employer who seeks to use immigration status to intimidate workers.
