Harassment suit filed against tire company

The U.S. Equal Employment Opportunity Commission has filed a lawsuit against Les Schwab Tire Center for allegedly allowing racial harassment against an American Indian employee in Kalispell.

According to the agency, the business refused to stop daily racial slurs, jokes and name-calling involving Earle Nevins, now 28.

Commission District Director Joan Ehrlich in Seattle said Nevins complained about the harassment to management more than 30 times since 2002. He was told his co-workers were just engaging in "horseplay," Ehrlich said.

Nevins finally asked that managers start documenting his complaints.

He was fired four days later in December 2004.

His wife was eight months pregnant at the time. Nevins lost his health insurance as well as his job.

"That's a disaster," Ehrlich said.

The case was investigated by the Human Rights Bureau of the Montana Department of Labor. It found there was cause to believe illegal discrimination had occurred, according to bureau chief Katherine Kountz in Helena. Efforts to resolve the matter through conciliation and a formal hearing failed, she said.

It is unusual for the federal commission to file a lawsuit in Montana. That hasn't happened in at least 16 years, Kountz said.

The lawsuit was filed in U.S. District Court in Montana.

"This should never have gone to court," Ehrlich said. "It's so easy to stop" discrimination suits.

She tells managers: "We don't want to run your business. Just protect your employees. Don't discriminate against your employees and don't let others discriminate against them … All we're asking is that you create a safe environment for people."

Ehrlich said the case could go to trial in about a year. If Nevins prevails, he may receive compensatory damages for pain and suffering, plus back pay.

"It is very rare that we get a case filed by a Native American," Ehrlich said.

There is currently a separate class-action suit against Les Schwab on behalf of women, she said.

There are more than 400 Les Schwab Tire Centers in seven western states, according to the company's Web site. The company is based in Prineville, Ore.

Kountz said the Human Rights Bureau acts as a neutral party in investigating complaints. Its Web site at www.montanadiscrimination.com offers information for employers and employees.

Lawsuits involving discrimination may require more than making a former employee whole. In the interest of public policy, employers may be required to institute new policies, training and awareness, she said.

Reporter Chery Sabol may be reached at 758-4441 or by e-mail at csabol@dailyinterlake.com