North Texas dentists retaliated against employees who reported COVID concerns, feds say
The U.S. Department of Labor filed a lawsuit against a North Richland Hills dental practice and its owners for not reinstating employees who voiced concerns about what coronavirus safety measures would be in place when the practice reopened in 2020.
An OSHA investigation found that Bohannan Dentistry discriminated against a dental hygienist and a dental assistant for exercising their rights under the Occupational Safety and Health Act, and for making a health and safety complaint, according to a news release from the Department of Labor.
The lawsuit filed by the U.S. Department of Labor on behalf of the two former employees was filed Thursday in Fort Worth.
Attorney Brett Thomas of Beaumont, who is representing Bohannan Dentistry, said on Thursday he had not see the lawsuit.
“At all times, they acted honorably,” Thomas said Thursday in a telephone call with the Fort Worth Star-Telegram. “We deny any wrongdoing.”
In March 2020, Roger Bohannan and David Bohannan, owners of Roger H. Bohannan DDS Inc., furloughed their employees after Texas prohibited specific dental procedures at the height of the pandemic, the Labor Department news release said.
The defendants laid off most of the staff on March 30, 2020, according to the federal complaint.
In mid-April 2020, the office manager called staff members, asking them if they would return to work since the state executive order was set to end on April 21, 2020.
The dental assistant emailed the office on April 16, 2020, on behalf of herself and other staff members, inquiring on what safety precautions they had implemented to protect employees from COVID-19. She also had emailed the defendants information from the Centers for Disease Control and Prevention and Occupational Safety and Health Administration on personal protective equipment and procedures during the COVID-19 pandemic.
The defendants rehired staff members who did not raise safety issues, but ordered the dental assistant to come to the office for a formal meeting with Roger and David Bohannan, and the officer manager, according to the complaint. At the end of that meeting, the defendants declined to rehire her.
The dental hygienist sent an email on April 19, 2020, also asking about what processes they had implemented to protect the returning staff. She included information from the Texas State Board of Dental Examiner’s webpage.
She exchanged emails with the defendants expressing her concerns about performing procedures on patients that she believed were not allowed, At one point, David Bohannan withdrew the offer to rehire her, according to the complaint.
“Bohannan Dentistry violated employees’ rights by terminating them for reporting concerns about unsafe working conditions,” said OSHA Dallas Regional Administrator Eric S. Harbin in the news release. “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 lawsuit names Roger H. Bohannan DDS Inc. and owners Roger Bohannan and David Bohannan. 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.
This story was originally published July 15, 2021 at 1:14 PM.
