West Virginia Record

Sunday, December 8, 2019

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION: Legacy Land Management, Southern Coal and Affiliates Sued by EEOC for Retaliation

By Press release submission | Jun 10, 2019

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U.S. Equal Employment Opportunity Commission issued the following announcement on June 5.

Affiliated companies Southern Coal Corporation, Kentucky Coal Transport, LLC, and Tams Management, Inc., together with contracted hauling company Legacy Land Management, Inc., violated federal law against retaliation in discrimination cases, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed. The EEOC said the companies retaliated against a truck driver who opposed his former employer's unlawful discrim­ination and participated in an EEOC lawsuit against another coal company.

According to the EEOC's lawsuit, Michael Atkins worked as a coal truck driver at a mine in Tams, W.V. When Atkins's supervisor learned that he was testifying against another coal company, the supervisor took a series of retaliatory actions against him, including telling Atkins he should never testify against a coal company, giving him the ultimatum of transferring to a remote worksite or to leave his job altogether. The retaliation resulted in the termination of Atkins's employment.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on national origin, race, color, sex or religion and retaliation for opposing such unlawful practices or for participating in a Title VII investigation, lawsuit or other proceeding. The EEOC filed suit (EEOC v. Legacy Land Management, Inc., Tams Management, Inc., Kentucky Coal Transport, LLC, and Southern Coal Corporation, Case No. 5:19-cv-00429) in U.S. District Court for the Southern District of West Virginia after first attempting to reach a pre-litigation settle­ment through its administrative conciliation process. The EEOC is seeking permanent injunctive relief prohibiting Legacy Land and the affiliated Southern Coal companies from retaliating against emp­loyees for opposing unlawful employment practices under Title VII or participating in a Title VII investigation or proceeding, lost wages, compensatory and punitive damages, and other relief.

"Whether an employee opposes discrimination or participates in a Title VII proceeding against his current employer or against an employer from his past, he is protected from reprisal," said EEOC District Director Jamie R. Williamson of the agency's Philadelphia District. "A company's industry affiliation with another company is no excuse for unlawful retaliation."

Original source can be found here.

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U.S. Equal Employment Opportunity Commission