|
 The $4.25 million settlement calls for the involved mining
companies to provide payment to women applicants who were denied
employment based on sex, and will result in the immediate hiring of
women into Illinois coal production jobs. As the EEOC pursued a
charge of systematic discrimination, IDHR was engaged in the
preparation, investigation, and interviewing of witnesses.
“These lawsuits by the EEOC, and the subsequent settlement, are a
major victory for gender equality in a historically male-dominated
profession,” said IDHR Director Janice Glenn. “I am thankful for the
work of our Springfield and Marion offices in collaborating on the
investigation that led to this significant settlement. This
investigation is an example of the strength of our partnership with
the EEOC, allowing us to more effectively enforce state and federal
antidiscrimination laws.”
Sex discrimination in employment is illegal under both the Illinois
Human Rights Act and Title VII of the Civil Rights Act of 1964.
FROM THE EEOC WEBSITE:
January 25, 2017
Mach Mining and Affiliated Companies to Pay $4.25
Million to Settle EEOC Sex Discrimination Suits
Federal Agency
Alleged Foresight Energy Companies Discriminated Against Women
in Hiring for Mining and Related Positions
CHICAGO -- The U.S. Equal Employment
Opportunity (EEOC) announced today that it has resolved two
lawsuits against a group of affiliated coal mining companies
that it had accused of hiring practices that effectively
excluded women from working in the underground mines and in
other coal production positions. The cases were resolved by a
single consent decree entered by Senior District Judge J. Phil
Gilbert. The decree calls for the mining companies to jointly
pay a total of $4.25 million to a group of women applicants who
were denied jobs because of sex discrimination. Additionally,
the companies have agreed to hiring goals that are expected to
result in at least 34 women being hired into coal production
jobs in their mines that operate in Illinois.
Sex discrimination in hiring violates Title VII of the Civil
Rights Act of 1964. EEOC filed suit against Marion, Ill.-based
Mach Mining, LLC on Sept. 27, 2011 (case number 11-cv-00879-JPG)
in U.S. District Court for the Southern District of Illinois in
Benton, Ill., after first attempting to reach a pre-litigation
settlement through its conciliation process.
During the course of the litigation, a procedural matter - the
standard by which courts were to determine whether EEOC had met
its obligation to try to resolve cases before bringing suit -
was sent to the Seventh Circuit court of appeals and ultimately
to the U.S. Supreme Court for an initial ruling, which was
decided by the Supreme Court on April 29, 2015. The litigation
of the merits was put on hold while that issue was on appeal. On
December 5, 2016, EEOC filed a second lawsuit naming certain
affiliates of Mach which, along with Mach, are part of St.
Louis-based Foresight Energy. The entities named in the second
suit were Foresight Energy Services LLC, Foresight Energy LLC,
Foresight Energy LP, Foresight Energy Labor LLC, Hillsboro
Energy LLC, Macoupin Energy LLC, MaRyan Mining LLC, M-Class
Mining LLC, Patton Mining LLC, Sugar Camp Energy LLC,
Viking Mine LLC,
and Williamson Energy LLC.
The second suit came
from a discrimination charge brought against the companies by
EEOC Chair Jenny Yang. The two cases were consolidated for
purposes of resolution.
[to top of second column] |
EEOC Chicago District Director Julie Bowman said
that she was pleased with the cooperation between EEOC and the
Foresight companies in resolving the suits.
"Though it has been some years since EEOC first
filed suit, these cases were actually resolved fairly early in the
litigation process," said Bowman. "No depositions have yet been
taken in the case, sparing both EEOC and the companies the
expenditure of significant resources. We were also pleased that
Foresight has volunteered to engage the services of a consultant to
help ensure that the integration of women miners into the workforce
goes smoothly and is successful."
EEOC Deputy General Counsel James Lee said, "EEOC
is pleased with the ongoing success of its systemic initiative. When
an employer like Foresight Energy, which is prominent in its
field, agrees to enter into a strong consent decree such as this, we
find that other employers in the industry often implement similar
reforms. In this way, the impact of our larger cases has a helpful
ripple effect."
Chicago Regional Attorney Gregory Gochanour noted
that it has been difficult for women to enter careers that were
traditionally dominated by men, despite Title VII of the Civil
Rights Act of 1964 having been enacted more than 50 years ago.
Gochanour said, "We are very pleased with the
outcome of these cases, as they will lead directly to the hiring of
a significant number of women into mining positions. The number of
women participating in mining, construction and similar "heavy"
industries is very small, despite the high wages these jobs bring.
During the litigation of this case, EEOC found scores of women who
were willing, able and qualified to work in the mines. Very few of
them ever had the opportunity to do so. With these resolutions, we
are a step closer to leveling the playing field."
In addition to providing for monetary relief to a
class of female applicants and deterred applicants, and female
hiring goals at Foresight's Illinois mines, the decree calls for
training of Foresight personnel, regular reporting to EEOC on
compliance with the decree's terms for four years, and posting at
the mines notices informing employees of the decree's terms.
EEOC's trial team was composed of Regional
Attorney Gregory Gochanour and Trial Attorneys Ethan Cohen, Deborah
Hamilton and Ann Henry. The underlying discrimination charges were
investigated by Enforcement Supervisors Tyrone Irvin and Nanisa
Pereles, and Investigators Eva Baran, Seth Sinclair and Grace
Swierczek.
EEOC's Chicago District Office is responsible for
processing discrimination charges, administrative enforcement and
the conduct of agency litigation in Illinois, Wisconsin, Minnesota,
Iowa, and North and South Dakota, with area offices in Milwaukee and
Minneapolis.
[Illinois Department of Human Rights]
 |
