FMSHCONT0003 - Case Type 3

Discrimination Proceedings: A discrimination proceeding involves a miner’s allegation that he or she has suffered adverse employment action because he or she engaged in activity protected under the Mine Act, such as making a safety complaint. A miner who believes that discrimination has occurred has 60 days after the allegedly discriminatory act by the operator to file a complaint with MSHA. Within 15 days of receiving the complaint, MSHA must begin an investigation into the matter. Within 90 days of receiving the complaint, the Secretary must inform the miner in writing whether the government believes discrimination has occurred. If MSHA believes that discrimination has occurred, the Secretary must file a written complaint with the Commission within 30 days of that written determination. The Secretary then proceeds with the case on behalf of the miner. Within 30 days, the operator must file an answer responding to the statements in the complaint filed by the Secretary on behalf of the miner. The 30-day period starts to run from the date of service of the complaint. The date of service can usually be found on the “certificate of service,” which is one of the last pages of the complaint. The operator’s answer must be sent to the Secretary at the address provided on the complaint and to the Commission. If the Secretary issues to the miner a written determination that no discrimination has occurred, the miner may file a complaint on his or her own behalf with the Commission within 30 days after receipt of the Secretary’s determination. The complaint shall include a summary of the facts, including the alleged discrimination, and the relief requested. The miner shall also serve a copy on the operator. The operator must file an answer responding to the statements in the complaint filed by the miner within 30 days. The 30-day period starts to run from the date of service of the complaint. The date of service can usually be found on the “certificate of service,” which is one of the last pages of the complaint. The operator’s answer must be sent to the miner at the address provided on the complaint and to the Commission.