WKU Public Radio News Staff
Wed February 19, 2014
Miner Alleges Workplace Discrimination After Muhlenberg County Company Fired Him
A Western Kentucky coal miner is alleging several counts of workplace discrimination, after he reported safety problems at his job and was fired.
Four cases against Ken American Resources were filed last week.
Patrick Shemwell worked at a coal plant operated by Ken American in Muhlenberg County. He initially filed six discrimination complaints against his employer, saying he was retaliated against and ultimately fired for reporting safety problems at the prep plant.
The company settled, and Shemwell got his job back.
But according to the lawsuits filed last week, almost immediately, more problems arose. He reported unsafe conditions, was reassigned to equipment on which he had no training, received a death threat, and ultimately was fired again.
Since 1977, the federal Mine Safety and Health Act has protected miners from discrimination for reporting safety issues.
“My guess is that Patrick has filed more discrimination cases under that law than any other miner in the country during that time period," says Shemwell's lawyer, Tony Oppegard.
No one answered the phones Tuesday afternoon at the number listed for Ken American Resources.