OSHA orders church to pay employee fired for reporting rats, insects at Dallas daycare
After a federal investigation, OSHA is ordering a church to reinstate a nutrition specialist who was fired after raising concerns about rodents and bugs in a Dallas childcare facility, the U.S. Department of Labor announced Thursday.
After the nutrition specialist, who was employed at the childcare facility, raised concerns in May 2021 about a rat infestation, spiders and other insects in the cafeteria, kitchen and near the children’s sleeping area, their employer acted “far from charitably” and terminated the worker in August 2021, according to a news release from the Labor Department.
Conditions of the cafeteria and kitchen areas in the childcare facility were worsened by a “nonfunctional air conditioner,” the investigation determined.
After an investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration of the employee’s allegation that New Mount Zion Baptist Church — operator of the childcare center — wrongfully fired them, the agency has ordered the employer to reinstate the nutrition specialist and to pay them back wages, interest and compensatory damages.
OSHA’s Whistleblower Protection Programs in Dallas determined the church violated the Food Safety Modernization Act when it illegally terminated the employee in retaliation for exercising their protected rights to report unsafe and unhealthy conditions.
“New Mount Zion Baptist Church’s actions toward the employee are unacceptable and deeply concerning,” said Eric S. Harbin, OSHA regional administrator in Dallas, in the release. “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.”
Founded in 1946, New Mount Zion Baptist Church is a faith-based, community ministry that provides in-person and online worship services for more than 2,500 members. It also operates a credit union and childcare facility.
This story was originally published March 16, 2023 at 2:23 PM.
