Discrimination suits filed by 2 airport workers

Adrienne Packer

Friday, July 26, 2002 | 11:09 a.m.

Two McCarran International Airport employees filed lawsuits against management this week, claiming they were repeatedly passed over for promotions because of their race and religion.

Allegations lodged by parking attendant Ostean Demps III and bike patrol officer Roosevelt Freeman are the latest in a series of similar accusations at the airport during the last two years.

The lawsuits, both filed in District Court, say the employees were discriminated against because they are black and are not members of the Church of Jesus Christ of Latter-Day Saints (LDS).

"White employees, those who are members of the LDS religion and those who are personal friends or relatives of (airport managers) are treated more favorably than employees who do not possess those characteristics," the lawsuit says.

"This has created a hostile, offensive and intimidating working environment for other employees based at least in part on their race, color or religion or a combination of those factors."

Hilarie Grey, spokeswoman for McCarran, said airport officials had not seen the lawsuits as of Thursday afternoon.

"We have not been served with the lawsuits, so we don't have anything to work from to give a comment," Grey said, adding that any statement would be limited because the lawsuits are a personnel matter.

Las Vegas attorney Kathleen England, who is representing both men, filed a similar lawsuit last year on behalf of Michael Jordan, an airport services coordinator.

England claims Jordan's lawsuit has been hindered because the Department of Aviation refuses to share airport demographics information, including a statistical analysis England said will show an imbalance in races.

"The public has a right to know whether public employers are being discriminatory," England said. "If one of the political subdivisions is discriminating against its own citizens, that's something the public ought to be interested in."

A 1998 survey conducted by Downey Research Associates to measure perceptions among some 600 airport employees showed 70 percent of the respondents recommended changing the promotion and hiring process. Employees said politics, favoritism and nepotism played a role in the processes.

Demps, an airport employee since 1993 who has received "exemplary" performance reviews, was denied promotions three times in 2000. Demps has a college degree and had performed the duties required by an airport parking shift supervisor, but never received a promotion.

"Other highly qualified and experienced black employees also applied," the lawsuit says. "Mr. Demps and the other black employees were more qualified than the candidates selected."

Freeman's experience is similar, according to the lawsuits. Freeman, who earned a bachelor's degree in business management, was hired as a bike patrol officer in 1996, resigned in 1997 and was rehired the following year.

He received a promotion to "senior bike patrol officer" in 1998, but was not bumped up again despite favorable performance evaluations.

"In addition to his not being selected for any of the four vacancies for airport parking shift supervisor in 2000, Mr. Freeman has been subjected to other discriminatory practices," the lawsuit says.

"Other black, non-LDS employees and other employees of color have been subjected to the same discrimination based on their race, religion and in some cases, age."

A study conducted by Robert Bardwell, a Denver-based statistics consultant hired as an expert witness in Jordan's case against McCarran, is expected to be used in the latest lawsuits as well.

Bardwell studied the airport's hiring and promotional practices between 1992 and 1997. Results showed an increase in the percentage of black employees in the lowest two salary brackets. In 1992, about 35 percent of the black employees were in the lower pay brackets; in 1997, the number grew to 48 percent.

The study also showed a decrease in the number of white employees -- from 34 percent in 1992 to about 26 percent in 1997 -- in the lowest brackets.

Both Freeman and Demps are seeking a workplace "free of all forms of unlawful discrimination." They are also asking the court to direct the airport to hire outside experts to investigation the airport's promotional process, provide training for all employees, create a new complaint procedure and issue a public apology.

"They want to be treated fairly," England said. "They want a chance."