After an Occupational Safety and Health Administration whistleblower investigation, the US Department of Labor’s (DOL) Office of the Solicitor filed suit against Dr. David Kwiat and his practice in March 2022, alleging they illegally fired an employee concerned 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 court agreed that defendants had retaliated against the employee based on protected activity. The court permanently forbid Kwait and the practice from future violations of the Occupational Safety and Health Act’s anti-retaliation provisions and required them to prominently post a notice for employees stating that the employers will not discharge or in any manner discriminate against any employee for engaging in activities protected by section 11(c) of the OSH Act. The court also ordered Kwiat is to pay a contempt fine of $1,250 to the court for discovery violations.
The court will hold a hearing on the department’s request that the doctor and the practice pay damages to the terminated worker for all lost wages and benefits resulting from their unlawful firing; reimburse them for costs, expenses, and other pecuniary losses incurred, and compensation for non-economic losses, including emotional distress; and pay exemplary or punitive damages.
