DISH Network recently was ordered to pay more than $257,000 to a former employee after they were found guilty of blacklisting the employee. These charges were broken down as $157,024 in back wages and $100,000 in compensatory damages. These terms were determined after an OSHA whistleblower investigation found that DISH Network blacklisted the employee as a retaliatory action. Thought unknown to most employers, anti-retaliation and whistleblower rights fall under the jurisdiction of OSHA.

“A worker has a right to report wrongdoing to their employer without fear of retaliation during their employment and after,” said Robert Kulick, OSHA’s regional administrator in New York. “Blacklisting is a particularly insidious form of retaliation that can follow workers and even cost them new jobs. It is not only an unacceptable practice, it’s illegal.”

DISH Network retaliated against this employee by refusing to work with a subsequent employer, giving a negative job reference, and refusing to carry a satellite channel the employee worked for. These actions are considered retaliation by OSHA, and are punishable with hefty fines.

To protect yourself from similar issues, it is important to always have accurate and up-to-date whistleblower signage available to employees. In addition, you need to ensure whistleblower and anti-retaliatory procedures are clearly defined within your Safety and Health Management System as well as your company policies.

If you do not have whistleblower and anti-retaliatory signage or policies, contact us and we will help you become OSHA compliant. If you have anything else to add about this finding or about anti-retaliatory procedures, please leave a comment.