JANICE RODRIAN, Complainant

OLSONITE CORP, 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 July 20, 2001
rodrija . rsd : 164 : 9

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

In her petition for commission review and supporting briefs the complainant reiterates the factual assertions she made at the hearing. She contends that the respondent permitted sexual harassment to become a condition of her employment and, further, that after she complained about sexual harassment by her co-workers, there was a pattern of retaliation by co-workers for which management "proceeded in a reckless disregard" or did not investigate or pursue corrective action. The complainant's arguments fail. With respect to the allegations of sexual harassment, the evidence demonstrates that the respondent took prompt remedial action to address the complainant's complaints, even going so far as to terminate the employment of one of the harassers and organizing an employee in-service on sexual harassment. Regarding the complainant's allegations of retaliation, these allegations center on the conduct of her co-workers, not the respondent. The Fair Employment Act protects employees from retaliation by the employer, but does not specifically address retaliation by co-workers. Thus, the complainant's allegations that her co-workers engaged in various adverse acts against her -- none of which were directed or encouraged by the respondent -- because she had made previous complaints of sexual harassment to the employer, cannot support a finding of unlawful retaliation on the part of the respondent. Moreover, to the extent the complainant notified the respondent of her concerns, the record indicates that it attempted to address them. Under all the circumstances, the commission sees no basis to conclude that the respondent violated the Fair Employment Act as alleged. Accordingly, the dismissal of the complaint is affirmed.

cc: 
Thomas S. Burke
Dallas G. Moon

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uploaded 2001/07/23