ConstructionDive Worker claims employer had him arrested based on his reporting of safety concerns by Kim Slowey
The U.S. Department of Labor (DOL) filed suit against a Boston-based contractor, alleging that the company took retaliatory measures against one of its employees — facilitating his U.S. Immigration and Customs Enforcement (ICE) arrest — after he reported a workplace injury, an event that kicked off an OSHA investigation.
According to the lawsuit, José Martin Paz Flores (Paz) was working as a drywall taper for Tara Construction when he fell from a ladder and broke his leg. Based on Paz's report to a foreman and a referral from the local fire department that day, OSHA began an investigation into safety conditions at the jobsite.
The DOL alleges that Tara CEO Pedro Pirez subsequently contacted law enforcement with concerns about Paz’s identity and facilitated Paz’s arrest outside of Tara’s offices, which resulted in his detention by ICE for days.
The DOL is seeking back pay and damages from Tara on behalf of Paz, as well as other relief such as a neutral letter of recommendation for Paz, who has since been cleared to work, to present to prospective future employers. Reporting an injury and causing an OSHA investigation to be initiated are protected acts under federal whistleblower laws, which blanket all workers, regardless of immigration status.