The sex discrimination suit, filed in the US District Court for the Southern District of Illinois in Benton, is against Illinois-based Mach Mining.

The move was made, the EEOC said, after it first attempted to reach a pre-litigation settlement through conciliation.

EEOC v. Mach Mining, formally known as Case 11-879-JPG/PMF, argues that the operator failed to hire any female miners since beginning operations in 2006, despite receiving applications from “many highly qualified women”

It also claims that no bathrooms or changing facilities for women miners were provided in the newly constructed facility.

Mach employs about 130 workers.

“Mach Mining needs to realize that this is 2011, not 1911,” EEOC Chicago district office supervisory trial attorney Gregory Gochanour said.

“While the number of women in the mining industry is still much lower than their numbers in the general population, women miners are out there, they were applying at Mach mines, and they had a right to be considered on their qualifications and merits.”

A second EEOC suit has been filed against Alliance Resource Partners subsidiary River View Coal in Union County, western Kentucky, claiming federal laws were violated by the company’s denial of employment to black applications.

“A class of qualified black applicants were denied jobs in underground mining positions at River View Coal’s mine [in Waverly] since at least August 2008 because of their race,” the suit states.

Case 4:11-cv-117 has been filed in the US District Court for the Western District of Kentucky, Owensboro Division, also after the EEOC first attempted to reach a pre-litigation settlement.

The agency is seeking back pay as well as compensatory and punitive damages from River View Coal, which began producing coal in 2009.

It is also requesting other relief, including a permanent injunction to prevent the company from engaging in hiring discrimination in the future.

“Employers must choose employees based on their qualifications, and not on the color of their skin,” EEOC Indianapolis district office regional attorney Laurie Young said.

Neither Mach nor Alliance have issued a public statement on the pending litigation.