Valley Man Files Racial Bias Suit: He Says Advance Auto Parts Boss Was Unfair, Berated Him.

Thursday, September 11, 2008 9:54 AM

(Source: The Morning Call, Allentown, Pennsylvania) tracking

By Spencer Soper, The Morning Call, Allentown, Pa.

Sep. 11--Advance Auto Parts discriminated against a black employee from Bethlehem by retaliating against him after he complained about racial discrimination and insensitive remarks made to him by a supervisor, according to a lawsuit filed Wednesday.

Matthew Osley, the only black operations manager at an Advance Auto Parts warehouse in Kutztown, was subjected to racially insensitive language on the job in December 2006, according to the lawsuit filed in federal court by the Equal Employment Opportunity Commission. Scott Cox, an assistant general manager who was later promoted to run the warehouse, berated Osley, including telling him he would be "cracking the whip" on him, the lawsuit states. Cox is white.

After his promotion, Cox continued to humiliate Osley and held him to higher performance standards than Osley's colleagues, according to the lawsuit.

Judd Nystrom, Advance Auto Parts' vice president of finance and investor relations, declined to comment on the allegations, saying the company has not yet been served with the lawsuit.

Headquartered in Roanoke, Va., the company operates more than 3,300 locations in 40 states, Puerto Rico and the Virgin Islands.

The lawsuit alleges that the company failed to investigate Osley's complaints about racial discrimination. Instead, Osley received an unfavorable performance evaluation shortly after complaining directly to Cox in March 2007 that he was being treated unfairly because of his race. The lawsuit alleges the unfavorable evaluation was retaliatory.

Osley quit in May 2007, saying his complaints went unaddressed, according to the lawsuit.

"Subjecting this man to racial harassment was bad enough," said Jacqueline McNair, a regional attorney with the federal employment commission. "Rather than taking advantage of the opportunity to address his internal complaints about race discrimination, Advance Auto made a bad situation worse by illegally punishing him for complaining."

The lawsuit seeks various remedies, including an undetermined amount of back pay and compensation for Osley's "pain and suffering, humiliation, embarrassment, loss of life's enjoyment and pleasures, depression, anxiety and inconvenience."

spencer.soper@mcall.com

610-820-6694

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9/11/2009 11:54:27 PM wrongful termination from Advance Auto Parts by Yolanda I worked for Advanced Auto Parts for two years. While working there I have been called "N," one of the employees told a joke about a Middle Eastern head been blew up. I tried to reslove my issues at store level but was not able. I contacted HR in November of 2008 about me been passed up for positions and how the manager hired in two white people and give them full time positions, I am an African American Female. In January of 2009 I was terminated do to a customer complaint. I have never had a customer complaint until I wrote my letter to HR. The manager that called me a "N" and touch me inappropriately was able to keep his job because he said "Yes, I used the "N" word but I did not touch her inappropriately." The other person kept his job because he said "Yes, I told the joke." I was terminated because a customer said I called him "Habbi." The Hispanic employee was ask how does he handle the racial terms here, his comment was I just ingnore it. He kept his job too. I have an EEOC case pending in Kentucky against the Murray,Kentucky Advance Auto Parts Inc. Store Reply Rating: (1) (0)
9/12/2009 12:01:25 AM wrongful termination by Yolanda I probably needed to mention I was the only black person working at Advance Auto Parts Inc. in a small town name Murray, Kentucky Reply Rating: (1) (0)

I worked for Advanced Auto Parts for two years. While working there I have been called "N," one of the employees told a joke about a Middle Eastern head been blew up. I tried to reslove my issues at store level but was not able. I contacted HR in November of 2008 about me been passed up for positions and how the manager hired in two white people and give them full time positions, I am an African American Female. In January of 2009 I was terminated do to a customer complaint. I have never had a customer complaint until I wrote my letter to HR. The manager that called me a "N" and touch me inappropriately was able to keep his job because he said "Yes, I used the "N" word but I did not touch her inappropriately." The other person kept his job because he said "Yes, I told the joke." I was terminated because a customer said I called him "Habbi." The Hispanic employee was ask how does he handle the racial terms here, his comment was I just ingnore it. He kept his job too.

I have an EEOC case pending in Kentucky against the Murray,Kentucky Advance Auto Parts Inc. Store

Rating: (1) (0)