An ophthalmologist and his Amsterdam, N.Y.-based practice must pay damages to an employee for illegal retaliation after the employee spoke out about COVID-19 protocol lapses.
In March 2022, David Kwiat, MD, and Kwiat Eye and Laser Surgery allegedly fired an employee who raised concerns about the practice’s failure to implement state-mandated COVID-19 protocols and filed complaints with state officials, according to an Aug. 12 news release from the Department of Labor.
The court agreed that Dr. Kwiat retaliated against the employee based on protected activity and forbade the physician and the practice from future violations of the Occupational Safety and Health Act’s anti-retaliation provisions. Also, the practice must post a notice for employees stating that the employers will not retaliate for employees engaging in protected acts.
The physician and practice will also pay damages to the terminated worker for lost wages and benefits resulting from their unlawful firing, as well as reimburse them for costs, expenses and other incurred losses, including emotional distress.