The Black Lung Benefits Act and The EEOC

The Black Lung Benefits Act, or BLBA, is a compensation act installed by the Office of Workers’ Compensation Programs. The act is designed to financially assist former coal miners that have become completely or partially disabled due to working in or around United States coal mines, resulting in pneumoconiosis, or “black lung disease”. The BLBA assists these workers by awarding them monthly payments and compensating them for medical treatment, and by offering payments and compensation to survivors of miners who have died as a result of the disease.

The EEOC

Established on July 2nd, 1965, the EEOC, or Equal Employment Opportunity Commission, was formed as an independent agency within the federal governments’ jurisdiction, with the intention of enforcing laws prohibiting workplace discrimination. The EEOC functions mainly to investigate complaints and workplace discrimination, though it is also given the authority to file lawsuits against employers either discriminating against employees or retaliating against employees for reporting any discriminatory practice.

How the EEOC is Involved With the BLBA

The Equal Employment Opportunity Act became relevant when coal mine operators began discriminating against miners who were experiencing symptoms of pneumoconiosis, or who had been diagnosed with the disease but hadn’t yet become totally disabled. The installment of this act, known as the “Black Lung Act”, also introduced the allowance of miners who believed they had been discharged or otherwise discriminated against due to their condition apply to the secretary of the EEOC within 90 days of the incident for a hearing regarding the discrimination.

How The EEOC Made The Black Lung Act Effective

The reason the Black Lung Act became effective so quickly was because of the penalty recommended to the Senate by the EEOC:

Once an application is filed, both parties, the applicant and the respondent, the secretary can then proceed with an investigation into the alleged incident and take this information to public hearing.
At this hearing both parties have the opportunity to plead there cases and offer information regarding the alleged incident. The secretary will then make his findings of fact, and either issue a judgment or deny the miner’s claim.

If the secretary finds that the discriminatory violation did in fact occur, he will then be able to order the violator or company in violation to take whatever affirmative action he sees fit, including but not limited to, rehiring the miner to his or her former position and compensate for lost pay, and pay for any and all costs involved in court proceedings, including the attorney fees of the victim.

Getting Help

There is never a reason to put up with discrimination or unfair treatment, especially when a law has been put in place to protect you. If your rights under the Black Lung Benefits Act are being violated, consult with an experienced attorney who can assist you in interfacing with the EEOC and in protecting your rights.

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