January 28, 2019
HARTFORD, CT – The U.S. District Court for the District of Connecticut ordered Eastern Awning Systems Inc. – a manufacturer of retractable fabric patio awnings based in Watertown, Connecticut – and its owner Stephen P. Lukos to pay a total of $160,000 to two discharged employees who filed safety and health complaints with the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
An OSHA whistleblower investigation found the employer unlawfully fired the two employees because they had filed the complaints. After efforts to resolve the matter without litigation were unsuccessful, the Department filed suit against the defendants in November 2015.
In addition to ordering alleged back pay, interest, emotional, and exemplary damages, the consent judgment and order restrains the defendants from discriminating against employees who exercise their rights. The judgment also requires the employer to provide neutral letters of reference for the two discharged employees, and to post the judgment and notice of employees’ rights prominently at the workplace.
“The U.S. Department of Labor will pursue appropriate legal action, as it did in this case, to ensure that employees have the right to a safe and healthful workplace without fear of discrimination or retaliation,” said Regional Solicitor of Labor Maia Fisher.
“Employers have a responsibility to comply with all applicable requirements of the Occupational Safety and Health (OSH) Act of 1970, which includes ensuring employees of their right to voice safety and health concerns, and contact OSHA without retaliation,” said OSHA Regional Administrator Galen Blanton.
OSHA enforces the whistleblower provisions of 22 statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, motor vehicle safety, healthcare reform, nuclear, pipeline, public transportation agency, railroad, maritime, and securities laws. For more information on whistleblower protections, visit OSHA’s Whistleblower Protection Programs webpage.
Under the OSH Act, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to help ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
# # #
Editor’s note: The U.S. Department of Labor does not release the names of employees involved in whistleblower complaints.
Acosta v. Eastern Awning Systems Inc. and Stephen P. Lukos
Civil Action No. 15-cv-01692-MPS