Workers with bias charges facing dilemma

Adrienne Packer

Tuesday, April 3, 2001 | 11:24 a.m.

Clark County employees who file discrimination complaints have difficulty finding justice between conflicts of interest at the county's equal opportunity division and inefficiencies at the state level, civil rights experts say.

Black employees at the Aviation Department said that lodging complaints with the county's Equal Opportunity Office -- a human resources division -- is rarely productive because of dual roles held by its director.

The process calls for disgruntled employees to meet with EOO Director George Cotton to explain their concerns. If the case is taken to the Nevada Equal Rights Commission, however, Cotton's role changes: He lands on the other side of employees and defends the county in front of the state board.

Cotton could not discuss the nature of complaints filed with his office, although he did confirm his two positions.

"I do respond for the county," Cotton said. "I inform employees when they come in that should they file a complaint with me, I'm going to be the same guy who will be making the argument on behalf of the county on an administrative level."

Las Vegas attorney Kathleen England, representing airport services coordinator Michael Jordan in a federal discrimination lawsuit, said the conflict is clear and inappropriate.

"It's unconscionable that George Cotton's office lures people into revealing highly confidential information, filing charges and cooperating with his agency and then, three to four months later, that very same agency ... turns around and uses that information against the employee," England said.

Assistant County Manager Mike Alastuey said the setup is typical of government agencies.

Cotton's office investigates discrimination claims and, if found to be valid, the county takes "corrective actions," Alastuey said. If there is no evidence supporting the complaint, and the employee takes the case to the state, Cotton represents the county's initial decision.

"If employees feel uncomfortable, there are other remedies," Alastuey said. "They can go directly to the state, or they can come to the county's internal equal opportunity division or both."

The Nevada Equal Rights Commission also has its flaws, said Gary Peck, executive director of the American Civil Liberties Union of Nevada.

Most cases brought to the commission are discussed during an informal settlement conference -- a meeting in which Cotton and the employee face one another. The state mediator then determines whether a hearing should be held.

The commission hasn't held a hearing in more than 10 years.

"The Nevada Equal Rights Commission is a joke," Peck said. "The NERC does not provide a venue where people get any kind of justice. It's a real problem."

Civil-rights attorneys say the state office is inefficient because of budget problems, but Carlos Romo, NERC assistant administrator, said it hasn't held a hearing in two decades because most complainants go straight to court.

Romo said the NERC can only reclaim economic losses; it can't secure punitive damages.

Romo could not discuss how many county employees who file complaints at the county level ultimately end up in front of the state commission. He acknowledged, however, that there "could be a problem" with the county's process.

"I guess there could be questions," Romo said. "But on the other hand, the employer could say (Cotton) did the investigation, he has the information, so at least he would be on top of it."

Keith Lyons, a Las Vegas attorney who specializes in equal-rights issues, said he has had both positive and negative experiences with the county office. While he agrees that most governments' equal opportunity offices are set up in a similar fashion, he believes there is a better method.

Lyons said an independent board assembled to hear county complaints would be more fair, but the government doesn't have the money to fund it.

"Do taxpayers want to spend another million a year for another agency? I don't think so," Lyons said. "I think it would be better, absolutely, but it's an economical question."

To boost employees' confidence in the county system Peck said the case investigator should not be the same person who defends the county.

But, Peck said, employees would be more successful in resolving discrimination complaints by bypassing the county and state agencies and taking their cases to court.

"Go to a lawyer and file a lawsuit," Peck said. "This is not a state that provides very much in the way of protection for people who are victims of employment discrimination. Anyone who denies that is true is simply out of touch with reality and unwilling to acknowledge the truth."