Tire company pays $185,000 in case over harassment
The Daily Inter Lake
Les Schwab Tire Center will pay a Columbia Falls man $185,000 and put corrective measures in place to settle a racial harassment lawsuit involving the tire company's Evergreen store.
The U.S. Equal Employment Opportunity Commission took the unusual step two years ago of suing Les Schwab for allowing racial harassment against Earle Nevins, an American Indian who was employed at Les Schwab's Evergreen tire center.
The commission charged that Les Schwab refused to stop Nevins' co-workers from calling him derogatory names and making insulting jokes about American Indians.
When Nevins, a member of the Blackfeet Tribe, complained about the daily harassment - which included racial slurs, jokes and name-calling - he was told his co-workers merely were engaging in "horseplay."
The commission further charged that Nevins was illegally fired in retaliation for repeatedly complaining about the harassment. When Nevins asked that managers begin documenting his complaints, he was fired four days later, in December 2004.
At the time, Nevins' wife was eight months pregnant and Nevins lost his health-insurance benefits as well as his job.
"I'm proud to have stood up for myself," Nevins said in a press release issued Tuesday by the commission. "I am very pleased with the settlement."
Les Schwab also agreed to establish anti-discrimination policies and procedures in its work force and provide anti-discrimination training to all employees at the Evergreen tire center on U.S. 2. The company will provide periodic compliance reports to the commission.
Jodie Hueske, a spokeswoman at Les Schwab's corporate headquarters in Prineville, Ore., said the company denies the federal agency's claims of discriminatory employment practices.
"The alleged events in this case reportedly occurred several years ago in a single store in Montana," Hueske said in a press release. "We deny any wrongdoing but are pleased to resolve this issue and end the expenses and business disruption created by litigation.
"Les Schwab has a 50-year track record of focusing on employees and customers over all other things. Our Code of Business Conduct establishes policies that provide employees with an environment free from any form of discrimination and harassment. We also have procedures in place to enable employees to anonymously report any type of employment concern without any fear of retaliation," Hueske said.
Les Schwab's diversity statement on its Web site notes that its commitment to diversity "goes beyond the basic requirements of the law. We strive to create an environment where everyone is welcome by treating all individuals, customers and employees alike, with the utmost respect, dignity and courtesy."
Nevins' case initially was investigated by the Human Rights Bureau of the Montana Department of Labor. The federal commission became involved after the state bureau found cause to believe illegal discrimination had occurred.
The lawsuit was filed in U.S. District Court in Montana.
"We commend Mr. Nevins for the strength it took to bring his complaint of discrimination to the EEOC," commission regional attorney William Tamayo said in a prepared statement. "The commission is active in combating harassment and retaliation. Racial harassment by co-workers can rarely if ever be 'horseplay,' especially after an employee complains."