CHARLESTON -- A Black man is accusing Blackhawk Mining of racial discrimination and retaliation.
James Cox filed his complaint in Kanawha Circuit Court against Blackhawk Mining LLC and Joseph Bush, a supervisor for the company.
According to the complaint, Cox applied for employment with the company on May 31, 2021, but wasn't hired. He says he applied again November 27, 2022; November 28, 2022; May 30, 2023; and in June or July 2023 as well.
Cox says Blackhawk told him he wasn't hired because it hired more experienced miners. But Cox says he has 18 years of mining experience, is a Black Hat miner, has experienced miner certification and "could operate any piece of equipment in a mine except a continuous miner."
He says he also previously filed a civil action against a coal company alleging racial discrimination.
Cox accuses the defendants of racial discrimination in violation of the West Virginia Human Rights Act and retaliation. He seeks compensatory damages, lost wages and benefits, punitive damages, pre-judgment interest, court costs, attorney fees and other relief.
He is being represented by Mark A. Atkinson of Atkinson & Frampton in Charleston. The case has been assigned to Circuit Judge David Hardy.
Kanawha Circuit Court case number 24-C-15