OSHA orders Dallas church to pay over $30K for allegedly firing whistleblower
DALLAS (CBSNewsTexas.com) — Federal investigators have ordered a Dallas church to reinstate and pay back wages to an employee who was fired after raising concerns about its childcare center.
The Occupational Safety and Health Administration (OSHA) claims that the New Mount Zion Baptist Church, which owns and operates the childcare center, wrongfully terminated a nutrition specialist after they raised concerns about food safety.
According to OSHA, the nutritionist raised concerns about rats, insects, and a broken air conditioner in the cafeteria and kitchen of the center to the Dallas County Health Department (DCHD) in May 2021.
After raising his concerns, investigators claim, the church cited the employee with two violations despite "positive feedback for his work, and no [prior] disciplinary actions."
In July 2021, as the air conditioning unit was finally being repaired, the employee noticed an infestation of rats, roaches, and rat feces in the kitchen. He reported the infestations the next day, but the childcare center's assistant director said that the facility had already been treated by exterminators.
The next month, the nutritionist noticed another rat infestation in the cafeteria near where the children slept. He took pictures to document the infestation and reported it to the DCHD.
Later that day, after DCHD notified the church about the complaint, the church held a special board meeting to discuss the nutritionist and his complaint. At the meeting, OSHA claims, the board voted to terminate his employment effective the next day.
Investigators with OSHA's Whistleblower Protection Program in Dallas determined the firing violated the Food Safety Modernization Act. The law protects employees exercising their protected rights to report unsafe and unhealthy conditions from retaliation.
As a result of the investigation's findings, OSHA has ordered New Mount Zion to immediately reinstate the employee. The church was also ordered to pay him $11,369.76 in owed wages plus interest plus an additional $20,000 in damages.
"New Mount Zion Baptist Church's actions toward the employee are unacceptable and deeply concerning," said OSHA Regional Administrator Eric S. Harbin in Dallas. "The existence of rodents and insects in food preparation and serving areas poses a health hazard. The employee had the legal right to express apprehensions about the unhygienic surroundings and should not have been fired for doing so."
Both parties now have 30 days to file objections and request a hearing with a judge before OSHA's findings become final.
