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Part II of Section 105(c)’s 2-Headed Monster: The Interference Complaint



This month, we examine the second claim Section 105(c) of the Mine Act allows a miner to bring — that an operator interfered with the miner’s protected statutory rights.

Defining Interference

Section 105(c)(1) states that “[n]o person shall discharge or in any manner discriminate against … or otherwise interfere with the exercise of the statutory rights of any miner.” Unlike discrimination claims, Congress believed interference was more a subtle injury, promising benefits or threats of reprisal directed to miners. Persistent, accusatory interrogations of a miner who complained to the Mine Safety and Health Administration (MSHA) are also prohibited interference.
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