ADVANCE AUTO SETTLES FEDERAL LAWSUIT FOR RACE BIAS AND RETALIATION AGAINST BLACK OPERATIONS MANAGER

PRESS RELEASE
8-7-09

EEOC Settles Suit with Automotive Retail Giant

PHILADELPHIA – Advance Auto Parts, the second-largest automotive aftermarket retailer in the United States, has agreed to pay $40,000 and furnish equitable relief to settle a race discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

The EEOC charged that Matthew Osley of Bethlehem, Pa., the only African American operations manager at Advance Auto Part's Kutztown, Pa., facility, was subjected to racially insensitive language and disparate treatment because of his race, black. According to the lawsuit, Advance Auto held Osley to much higher performance standards than white supervisors.

The EEOC contended that after Osley complained to the general manager about the unfair racial discrimination, Advance Auto retaliated against him by giving him an unfavorable performance review and placing him on a burdensome performance improvement plan, despite his good performance history. Osley was compelled to leave his job due to the uncorrected racial discrimination and retaliation.

Title VII of the Civil Rights Act of 1964 makes it illegal to treat black employees less favorably than white employees based on race and to retaliate against someone who complains about race discrimination. The EEOC filed suit (Civil Action 08-4336, in U.S. District Court for the Eastern District of Pennsylvania) after first attempting to reach a voluntary settlement out of court.

The two-year consent decree, which is pending judicial approval, also contains significant equitable relief, including prohibitions against unlawful discrimination, training of all managers and supervisors on employee rights and employer obligations under Title VII, and the posting of a notice regarding this settlement.

"All employees have the right to complain about employment discrimination without being subjected to unlawful reprisal," said EEOC Acting Regional Attorney Debra Lawrence of the Philadelphia District Office. "We are pleased that the parties were able to resolve this matter and that Advance Auto agreed to implement corrective measures designed to prevent future problems in the workplace."

During Fiscal Year 2008, race discrimination charges soared to historic high level of 33,937 -- an increase of 11% from the prior fiscal year. Retaliation charges surged to a record high level of 32,690—a 23% jump from the prior fiscal year and more than double the number of such filings in the early 1990s.

According to its web site, www.advanceautoparts.com, Advance Auto Parts, based in Roanoke, Va., is a Fortune 500 company that employs more than 43,000 team members and operates more than 3,000 stores in 40 continental states, Puerto Rico and the Virgin Islands.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

This page was last modified on August 7, 2009.

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