A federal jury in the District of Massachusetts has found that a Massachusetts contractor and his company retaliated against an employee who reported an on-the-job injury, according to www.osha.gov. The jury awarded $650,000 in damages—$600,000 in punitive damages and $50,000 in compensatory damages.
The verdict stems from a Department of Labor lawsuit filed against Tara Construction Inc. and its CEO, Pedro Pirez, in February 2019 after a whistleblower investigation by the Occupational Safety and Health Administration. The lawsuit alleged defendants initiated a law enforcement investigation and facilitated the employee’s detention by U.S. Immigration and Customs Enforcement after the employee reported a serious injury and caused OSHA to open an investigation.
“The Department of Labor will not tolerate retaliation against employees who complain of workplace abuses, including when an employer seeks to use an employee’s perceived immigration status as a way to intimidate workers,” said Solicitor of Labor Seema Nanda. “Successful enforcement of worker protection laws depends on workers being empowered and feeling safe enough to speak out for themselves and their fellow workers. If workers are brave enough to come forward, we will use all legal tools we have to protect them.”
