Airport whistleblower adds new First Amendment retaliation allegations to lawsuit against...
May 23, 2017
Wednesday, May 24, 2017
CLEVELAND, OHIO - Yesterday, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued its final investigatory findings in Cleveland Hopkins International Airport whistleblower, Abdul Malik-Ali's, complaint of retaliation. On February 19, 2015, Mr. Ali reported safety violations to the FAA and the then-Port Control Director, Ricky Smith, immediately reassigned Mr. Ali to a menial job. Mr. Ali filed his complaint with OSHA on March 6, 2015.
After a two-year investigation, OSHA found "that there is reasonable cause to believe that Respondent [the City of Cleveland] violated the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C. §42121." Furthermore, in its devastating report , OSHA found "evidence to support a casual nexus" between Mr. Ali's complaint to the FAA and the Airport's retaliation, as well as animus and disparate treatment in Mr. Ali's reassignment to count trash cans. In February 2017, OSHA had previously found the City's actions to be retaliatory. As a result of the Airport's actions, OSHA has ordered the City to:
On May 23, 2017, Mr. Ali sought to amend his pending federal civil lawsuit. Ali's suit is captioned Ali v. City of Cleveland et al., Case No. 1:17-cv-00634, in the United States District Court for the Northern District of Ohio in Cleveland, before Judge Solomon Oliver.
Subodh Chandra, Donald Screen, and Marvin C. Brown IV of The Chandra Law Firm LLC, www.ChandraLaw.com, represent Mr. Ali.