Continental Cement Company v. Secretary of Labor, No. 23-2213 (8th Cir. 2024)
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The case was an appeal by the Continental Cement Company (Continental) against a decision by the Federal Mine Safety and Health Review Commission. The Commission had determined that Continental had acted discriminatorily towards one of its employees, Tara Otten, by paying her less than she would have earned had she been working, instead of accompanying mine inspectors during an inspection, an activity known as her "walkaround right".
Otten was a miner and designated miners' representative who had been trained to operate mobile equipment. Normally, she would receive a higher wage when operating this equipment. However, when she was performing her walkaround duty, Continental had stopped paying her the higher wage. This action was directed by a human resources specialist at Continental, who based the decision on the collective bargaining agreement.
Otten subsequently filed a complaint against Continental with the Mine Safety and Health Administration (MSHA), and the Secretary of Labor filed a discrimination claim on Otten's behalf with the Commission. The Commission sided with the Secretary, agreeing that Continental had discriminated against Otten by causing her to suffer a loss of pay because she exercised her walkaround right. The Commission further held that Continental's decision was motivated by Otten's protected activity.
The United States Court of Appeals for the Eighth Circuit, however, disagreed with the Commission's decision. The Court held that while Otten did suffer a loss of pay, which was a violation of the law, it did not automatically mean that Continental had discriminated against Otten. The Court clarified that discrimination occurs when an employer intentionally treats a person worse because of a protected characteristic. In this case, the Court found no evidence that Continental paid Otten less for the reason that she exercised her walkaround right. The Court, therefore, reversed the Commission's determination that Continental violated the discrimination law.
Court Description: [Arnold, Author, with Loken and Stras, Circuit Judges] Petition for Review - Federal Mine Safety & Health Administration. While the mine worker in question's exercise of her "walkaround right" under the Collective Bargaining Agreement was the but-for cause of Continental's decision to underpay her, that was insufficient to show discrimination for the purposes of 30 U.S.C. Sec. 815(c)(1); the petition for review is granted and the Commission's determination that Continental violated Sec. 815(c)(1) is reversed. [ February 27, 2024 ]
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