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Disability Discrimination Suit Will Not be Ignored in the Mines

June 20th, 2013 · No Comments

A mining company will pay $150,000 to settle a disability discrimination suit that alleged it fired an equipment operator nine days after it received a letter from his doctor requesting the company provide an accommodation for the operator’s disability.

The U.S. Equal Employment Opportunity Commission (EEOC) alleged that Luminant Mining Company LLC, located in Dallas, Texas, violated the Americans with Disabilities Act (ADA) when it fired James Tarver, an equipment operator. Luminant fired Tarver after it received his doctor’s request that Tarver not stand on concrete for more than one hour a day because of his club foot (congenital talipes equinovarus).

Luminant initially hired Tarver to work as a heavy equipment operator. After a time, his supervisor forced him to perform manual labor. EEOC Senior Trial Attorney William C. Backhaus said, “Mr. Tarver’s supervisor forced him to work while standing all day on concrete when he could have easily allowed Tarver to operate heavy equipment, as he was hired to do.”

In addition to paying damages of $150,000 to Tarver, Luminant must train all mine employees to comply with the ADA and develop policies to ensure ADA compliance.

Tags: Disability Discrimination