SANDRA DAHL, Complainant

NORTHLAND BUILDINGS INC, Respondent

An administrative law judge (ALJ) for the Equal Rights Division of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

The decision of the administrative law judge (copy attached) is affirmed.

Dated and mailed January 26, 2005
dahlsa . rsd : 125 : 9

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

Sandra Dahl petitions for a review of the ALJ's decision dismissing her complaint of alleged sexual harassment and alleged discrimination and termination of employment because she opposed a discriminatory practice under the Act. The commission is satisfied that the ALJ correctly decided the matter and therefore affirms the ALJ's dismissal of Dahl's complaint.

The record shows that when Dahl notified the respondent of what she found to be unwelcome sexual conduct by Richard Moen, an individual not her supervisor and who had no authority to hire, fire or discipline employees, the respondent's president, Robert Flynn, had Dahl put her concerns in writing. The next day Flynn discussed those concerns with her. The respondent then spoke to Moen. Although Moen adamantly denied doing anything improper, the respondent advised him that Dahl wanted the behavior to stop and that if it continued his job would be on the line. As punishment, Flynn disciplined Moen monetarily by rearranging some work projects and denying him a raise that he otherwise would have been entitled to.

The record further shows that when advised about the respondent's response to her complaint of sexual harassment, Dahl indicated satisfaction with the outcome. The record further shows that Flynn advised Dahl to let him know if the harassment continued. While Dahl asserts that she told Flynn and the respondent's office manager, Deborah Gruber, in a meeting on May 24, 2001, that Moen was still harassing her, Flynn and Gruber denied that that was case. Flynn and Gruber testified that at that meeting what Dahl instead complained about was that Moen had told another employee about the sexual harassment. Gruber's typewritten notes of that meeting support their testimony.

While Dahl has alleged that she did not receive a wage increase because she had complained about sexual harassment by Moen, the record shows that Dahl was not due any wage increase at the time she believed she was due a wage increase.

Finally, the record shows that the respondent terminated Dahl's employment not because she had opposed sexual harassment by Moen, but because of the hostility and insubordination she exhibited toward her supervisor as a result of work problems the respondent, and particularly she, had encountered in the process of installing new accounting software. At the suggestion of Flynn, Dahl's supervisor, Mr. DeCook, was prepared to give Dahl a 3-day suspension to think about her behavior. However, when DeCook told Dahl about the suspension she again began verbally abusing him to such an extent that he decided to immediately terminate her employment.

NOTE: The commission notes that in paragraph 4 of the ALJ's findings of fact that Moen's first name is inadvertently shown as "Rod" and that it is actually "Richard."

cc: Attorney Teresa E. O'Halloran

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uploaded 2005/01/31