STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)

LINDA BETH SCHNITZLER, Complainant

LAND O' LAKES CHEESE DIVISION, Respondent

FAIR EMPLOYMENT DECISION
ERD Case No. 199800195, EEOC Case No. 26G980867

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.

DECISION

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

Dated and mailed December 15, 2000
schnili.rsd : 125 : 9

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The complainant, a female, alleges that she was discriminated against on the basis of her gender in that a male coworker harassed her by, among other things, going through her personal possessions at work, calling her a "fuck off" and breaking into her home, and that the respondent did nothing to stop the harassment which caused her to resign. The complainant failed to supply any evidence to warrant a belief that she was a victim of discrimination on the basis of gender, however. The complainant herself admits that her father had had a conflict with the coworker and that the alleged harassment by her coworker began after the coworker learned who her father was. Further, the evidence shows that the respondent investigated the complainant's harassment claims but was unable to verify any of her claims. Nevertheless, the respondent made workplace changes so that the complainant and the coworker would not have contact coming to and leaving work, and the respondent warned the coworker that he should stay away from the complainant.

The complainant has argued that evidence was barred at the hearing that would have proven the validity of her case. Presumably the complainant is making reference to a tape recording of a conversation that she had with Robert Arndt, employed as a group leader for the respondent, since the record shows that the ALJ refused to admit the recording into evidence. However, even though not receiving the tape recording itself, the ALJ considered the complainant's version of what was on the recorded conversation but still found no reason to believe that the complainant had been discriminated against on the basis of gender. The complainant has not stated on appeal how or why she believes this evidence would have proven her case. Indeed, there is no reason to conclude that there is probable cause to believe that the complainant was discriminated against because of her gender since testimony from the complainant herself indicates that the alleged harassment by the coworker was not because of her gender, but because of a prior conflict that had occurred between her father and the coworker.

cc: Susan J. Thompson

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