SANDPOINT - Counsel for Sand Creek Byway contractor Parsons RCI is moving for summary judgment in a lawsuit filed by a former employee claiming he was fired for reporting on safety violations and sexual harassment.

Coeur d'Alene attorney Michael Ramsden argues the Idaho Protection of Public Employees Act does not apply to Parsons because it was not Jay Nelson's employer. Nelson was employed by a company division called Parsons RCI.

Moreover, the act does not apply to Parsons RCI because it was not acting as an agent of the Idaho Transportation Department.

Nelson was hired by Parsons RCI as a heavy equipment operator in 2008 and went on to become a foreman. He was fired in 2010 and alleges his termination resulted from blowing the whistle on sexual harassment of a coworker and unsafe practices on the U.S. Highway 95 bypass construction site.

Nelson also filed a complaint with the Occupational Safety and Health Administration, court records indicate.

Parsons RCI completed the $106 million project in July, after several years of construction.

Ramsden contends independent contractors are generally not agents of a political subdivision and that Nelson has remedies through OSHA.

"Parsons RCI has its duties under OSHA. The ITD has its duties under the act. Parsons RCI cannot be the agent of the ITD for a duty it does not owe," Ramsden said in the motion.

A hearing on the motion is set for Dec. 5 in 1st District Court.