The U.S. Department of Labor has filed a lawsuit against Boston-based contractor Tara Construction and its CEO, Pedro Pirez, according to a news release from the agency. The department alleges Tara Construction retaliated against an injured employee by facilitating his arrest.
The Department of Labor’s complaint states a Tara Construction employee sustained a serious injury when he fell from a ladder and the employee reported the injury to his employers. OSHA made an inquiry into Tara Construction after learning of the fall.
According to the Department of Labor, reporting an injury to an employer and causing an OSHA proceeding to be instituted are protected activities under Occupational Safety and Health (OSH) Act. Such protection prohibits retaliation against employees because they engage in such activities.
“The OSH Act prohibits retaliation against employees for exercising their workplace rights, regardless of the employees’ immigration status,” said regional Solicitor of Labor Maia Fisher. “This case demonstrates that through legal action the Department promotes safe and healthful workplaces free from unlawful retaliation.”
The Department of Labor alleges Tara Construction initiated a law enforcement investigation and facilitated the employee’s detainment by U.S. Immigration and Customs Enforcement shortly after the fall. Pirez allegedly arranged for the employee to meet him at the Tara Construction office shortly before the employee was arrested. Pirez testified to OSHA that he was unaware how law enforcement knew where the employee would be when he was detained. However, accounts from law enforcement indicate Pirez told an officer present at the arrest when the employee would be in the Tara Construction office.
An investigation by OSHA’s Whistleblower Protection Program concluded that Pirez’s actions constituted retaliation against the employee for protected activity under the OSH Act and would dissuade a reasonable worker from reporting an injury.
“Employees must be able to report injuries and unsafe workplaces without fear that their employers will retaliate,” said OSHA regional administrator Galen Blanton. “OSHA enforces the law to protect all employees and level the playing field for law-abiding employers.”
The Department of Labor’s suit asks the court to order Tara Construction to comply with the OSH Act’s anti-retaliation provisions and pay the employee back wages, interest, and compensatory and punitive damages.
