Employer Ordered to Pay $15,000 Damages for Retaliation Against COVID-19 Whistleblower
An employee who was fired after raising COVID-19 safety concerns will receive $15,000 in damages after the Occupational Safety and Health Administration (OSHA) found the employer was not compliant with the whistleblower protections of the Occupational Safety and Health (OSH) Act.
In December 2020 during the COVID-19 pandemic, an employee of a luxury car dealership in Austin, Texas, discovered another employee had tested positive for COVID-19. The management was notified, and the employee requested that the management notify other employees at the dealership immediately to alert them to the potential exposure to COVID-19. Management took no action, so the employee sent an email to all company employees to alert them about the potential hazard and was fired within an hour.
OSHA launched an investigation into potential violations of the OSH Act by the dealership, specifically, whether the whistleblower protections under section 11(c) of the OSH Act were violated. These protections prohibit employers from retaliating against workers who blow the whistle by exposing health and safety hazards in the workplace. OSHA determined that the employee had exercised their legal rights under the OSH Act and the termination was illegal.
In October 2021, the U.S. Department of Labor filed a lawsuit in the U.S. District Court for the Western District of Texas, Austin Division, against the auto dealership, Hi Tech Imports. The lawsuit sought reinstatement, lost wages and benefits resulting from the termination, reimbursement for costs and expenses, compensatory damages, and exemplary or punitive damages. On March 20, 2023, the Department of Labor obtained a consent judgment that requires Hi Tech Imports LLC – dba Porsche Austin – to pay the employee $15,000 in compensatory damages and the court forbade the dealership from discriminating against employees in the future for voicing concerns about safety and health in the workplace.
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“When employers retaliate against their workers for voicing safety and health concerns, the U.S. Department of Labor will work vigorously to protect workers’ rights,” said Regional Solicitor of Labor John Rainwater in Dallas. “The department is dedicated to ensuring safe and healthful working conditions as required by federal law. No employee should fear their employer for reporting legitimate safety concerns.”
On July 26, 2022, OSHA and the National Labor Relations Board resolved a related case through an agreement with Hi Tech Motorcars LLC, Hi Tech Imports LLC, Hi Tech Luxury Imports LLC, Hi Tech Partners LLC to pay $116,231 in back wages and reinstate the employee to their previous position.
