Dallas (WBAP/KLIF) – The U.S. Department of Labor has taken legal action against two North Texas dentists on behalf of a dental hygienist and a dental assistant who were not reinstated after expressing concerns about what coronavirus safety measures would be in place when the practice reopened in spring 2020.
In March and April 2020, Roger Bohannan and David Bohannan, owners of Roger H. Bohannan DDS Inc. furloughed their employees after the state of Texas prohibited specific dental procedures at the height of the pandemic. While furloughed, the two employees asked what safety measures would be in place once patients and employees returned. After receiving a call to return to work, the employer did not reinstate the hygienist after they cited guidance from the Centers for Disease Control and Prevention and Occupational Safety and Health Administration. The dental assistant was contacted for rehiring but the employer rescinded the offer after the assistant inquired about what safety measures were in place for their protection.
An OSHA investigation found Bohannan Dentistry discriminated against the employees for exercising their rights under section 11(c) of the Occupational Safety and Health Act and for engaging in the protected activity of making a good faith health and safety complaint. The two employees were not rehired while all of the other staff members at the North Richland Hills practice were reinstated when the furlough ended.
“Bohannan Dentistry violated employees’ rights by terminating them for reporting concerns about unsafe working conditions,” said OSHA Regional Administrator Eric S. Harbin in Dallas. “Workers should not fear losing their job because they raise safety concerns within the workplace. The Labor Department will continue to vigorously enforce these protections.”
The complaint asks the court to order the dental practice to do the following:
- Pay the complainant damages, plus interest, for all past and future lost wages and benefits resulting from the termination; reimbursement for costs and expenses; compensatory damages, including for compensation for emotional pain and distress and exemplary or punitive damages in an amount to be determined at trial.
- Post a notice for employees stating that the defendants will not in any manner discriminate against any employee for engaging in activities protected by Section 11(c) of the OSH Act.
Information provided by U.S. Department of Labor
