Boss Watch: 6/19 – 6/26

Every day across the south workers are killed on the job, stolen from, discriminated against, or sexually harassed. Sometimes the employers are caught. These are last week’s stories, this is Boss Watch.


Texas Endangerers

The U.S. Department of Labor has proposed more than $3.5 million in fines against three companies after federal inspectors determined they failed to protect workers during post-emergency response cleanup after a chemical spill at the BWC Terminals industrial facility in Channelview.

The department’s Occupational Safety and Health Administration initiated three inspections after a Dec. 27, 2025, sulfuric acid spill at the BWC Terminals LLC industrial facility led to multiple employee injuries. OSHA found that despite safety warnings, BWC Terminals mixed fresh and spent sulfuric acid, triggering a tank overpressure that ruptured a supply line releasing 1 million gallons of sulfuric acid resulting in multiple employee injuries.

Following the chemical spill, BWC Terminals contracted Coastal Environmental Solutions Inc. to handle hazardous waste cleanup and Coastal Environmental Solutions hired subcontractor One Way Environmental Services LLC to provide laborers for the cleanup and remediation process. 

“Despite having full knowledge of the severe hazards involved in the spill and cleanup response, these three employers chose to bypass OSHA requirements and put their workers at serious risk,” said Assistant Secretary for Occupational Health and Safety David Keeling. “Their joint failure to protect workers was not an oversight, it was a choice that resulted in preventable employee injuries and environmental impacts. We will not hesitate to hold employers accountable when they ignore federal laws that are in place to protect workers safety and health.”

OSHA investigators cited One Way Environmental Services LLC for 18 willful egregious and five serious violations after investigators found the employer sent workers to clean up the chemical spill without adequate training, respirator fit tests, or safety measures. OSHA proposed $3,045,452 in penalties. 

Coastal Environmental Solutions Inc. faces $392,501 in proposed penalties for two willful and five serious violations that include a lack of training, a safety and health program, an emergency response plan for hazardous waste operations and emergency response, and deficiencies related to use of respirators.

BWC Terminals was cited with six serious violations for exposing workers to chemical burns, failing to provide hazmat training, and deficiencies relating to the use of respirators. OSHA proposed $82,750 in penalties.

Cumulatively, proposed penalties against the three employers total $3,520,703.

Virginia DIscriminators

The Salvation Army, headquartered in Virginia with a facility in Lynchburg, violated federal law when it discriminated against an employee by denying her a reasonable accommodation to seek treatment for cancer and caused her to be separated from her employment, according to a lawsuit announced today by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the EEOC’s lawsuit, in October 2024, a case worker with Hodgkin’s lymphoma provided The Salvation Army with a medical note stating her chemotherapy treatments would continue through February 2025 and asking for intermittent leave for the treatments and related recovery. Instead, The Salvation Army told the employee it needed to let her go. She was presented with two options: resign and be eligible for reemployment when she was healthy, or be fired and no longer eligible for reemployment with The Salvation Army. The employee, who wanted to continue her employment with The Salvation Army, was forced to resign.

“Absent undue hardship, intermittent leave can be a reasonable accommodation that allows employees to continue to perform the essential functions of the job while receiving medical treatments for a disability,” said Melinda C. Dugas, regional attorney for the EEOC’s Charlotte District.

Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires the accommodation of disabilities absent undue hardship, and prohibits employers from discharging an employee because of their disability or because they requested an accommodation. The EEOC filed suit (EEOC v. The Salvation Army, Case No.6:26-cv-00080-NKM-CKM) in U.S. District Court for the Western District of Virginia, Lynchburg Division, after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

Oklahoma Discriminators

Paycom Payroll, LLC, an Oklahoma software company specializing in payroll and human capital software, violated federal law when it failed to provide effective reasonable accommodations to an employee with a life‑threatening food allergy and fired her instead, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.

The EEOC’s suit said that shortly after being hired, an employee with a severe allergy repeatedly suffered anaphylactic reactions from exposure to food brought in by coworkers. Although she promptly informed supervisors and human resources of her condition and submitted medical documentation recommending she work in a secluded space or from home, Paycom provided only limited temporary workspace adjustments which failed to provide an effective accommodation. It did not notify nearby employees to avoid bringing the allergen to the workspace and declined to allow her to work remotely despite having established policies permitting the practice.

The employee continued to experience multiple allergic reactions — including two requiring ambulance transport to the hospital — when exposed to food in nearby breakrooms and hallways. The day after her most severe reaction in June 2024, the company terminated her, stating it could not accommodate her disability, according to the EEOC’s complaint.

“Employers have a legal obligation to explore and provide reasonable accommodations for workers with disabilities — especially when the potential consequences of inaction are life-threatening,” said Andrea G. Baran, regional attorney for the EEOC’s St. Louis District. “No employee should be forced to choose between their health and their livelihood.”

Such alleged conduct violates the Americans with Disabilities Act (ADA), which requires the accommodation of disabilities absent undue hardship, and prohibits employers from discharging an employee because of their disability or because they requested an accommodation. The EEOC filed suit (EEOC v. Paycom Payroll, LLC, Case No. 5:26-cv-01622-R) in U.S. District Court for the Western District of Oklahoma after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

David S. Davis, director of the EEOC’s St. Louis District, said, “Federal law requires employers to engage in an interactive process and consider reasonable solutions. The EEOC will continue to enforce protections ensuring that individuals with disabilities are not excluded from the workplace because of unsupported assumptions or insufficient effort.”