New York Labor and Employment Law Report
OSHA Suits Remind New York Employers: Don't Discipline Employees For Raising Safety and Health Concerns
October 21, 2010
Two events in the past week should remind New York employers of their legal obligation under section 11(c) of the Occupational Safety and Health Act not to discipline or terminate employees for reporting a safety hazard, or for filing a complaint with OSHA. On October 14, OSHA announced that it had obtained a consent judgment in a case brought against the John Galt Corporation and two managers, which orders them to pay a terminated employee $55,000 in back wages and to expunge all disciplinary records from the employee's personnel file related to his reporting of health and safety issues at the former Deutsche Bank Building in New York City. Earlier this week, OSHA filed suit against Promesa Systems Inc., a New York City nonprofit organization providing care to individuals with developmental disabilities, for allegedly firing an employee for voicing workplace safety and health concerns and for filing a complaint with OSHA. (The suit also names the organization's wholly owned subsidiary, East Harlem Council for Community Improvement Inc., as well as three managers.) The complaint alleges that a few days after the employee advised the defendants that she would consult OSHA regarding a work assignment, the defendants suspended her, and ultimately fired her under the pretext of poor performance. OSHA is seeking reinstatement, backpay with interest, and compensatory damages.
