Tingle will appeal, attorney says
By Stephanie Brien
Journal Times | Posted: Monday, December 1, 2008 12:00 am
RACINE - Sandra Tingle's discrimination complaint against the City of Racine has been dismissed by a state agency, but Tingle's attorney said she will appeal.
Tingle, the mayor's former administrative assistant, filed a discrimination complaint with the state Aug. 1 alleging City Administrator Ben Hughes harassed her, the City of Racine maintains a sexually hostile working environment and that she was fired for making a discrimination complaint.
The Wisconsin Department of Workforce Development Equal Rights Division did not find probable cause that the city violated the Wisconsin Fair Employment Law, according to an initial determination from the state dated Wednesday, Nov. 26. The city attorney's office received the determination Monday and provided a copy for The Journal Times.
The dismissal will be final unless Tingle submits a written appeal to the state within 30 days from last Wednesday, according to the initial determination.
"Of course it will be appealed," said Tingle's attorney, Nola Cross.
Once the state receives the appeal it will schedule a hearing with an administrative law judge where both parties can present evidence, said Dick Jones, spokesman for the Department of Workforce Development.
Hughes said he was not surprised that Cross said she will appeal the decision, but he was happy with the state's initial determination.
"Throughout the process … I had complete confidence this decision would be issued. I had faith in our democracy," Hughes said.
He said Tingle was terminated for just cause and she was not terminated because of her complaint. The state's investigator also did not find probable cause that she was terminated or discriminated against because of her sex or because she opposed a discriminatory practice.
"(Tingle) was terminated due to her disregard for Mr. Hughes' directions about answering phone calls, her abuse of sick leave and her spreading of gossip," the initial determination states.
On July 8, Becker allegedly told Tingle that July 11 would be her last day of employment. But he later gave her a short extension. Then, on July 16, Tingle sent a letter to the city attorney alleging a sexually hostile working environment.
"Instead of accepting responsibility, she lashed out," Hughes said.
The state's investigator did not find probable cause that the City of Racine violated the Wisconsin Fair Employment Law by permitting sexual harassment, but the investigator said a few things were unclear.
Tingle alleged that Hughes sat uncomfortably close to her at Henry & Wanda's bar and talked about personal matters, particularly that he was seeking someone to date, Tingle's complaint said.
The investigator said it was not clear if Hughes harassed Tingle at Henry and Wanda's bar or if the alleged harassment would have been protected under the Wisconsin Fair Employment Law.
The investigator also said it is unclear if Hughes overstepped his supervisory role when he disciplined Tingle, according to the investigator's explanation.
Tingle claimed that Hughes had no supervisory control over her and his work standards were determined based upon the social attention she gave him, according to Tingle's complaint.
The investigator also addressed Tingle's complaint that the mayor calls women disrespectful names.
"It appears that Mayor Becker uses language that is degrading to females," the investigator's explanation states. "However no reported instances occurred in the workplace."
Sandra Tingle timeline
July 8 - Mayor Becker allegedly tells Sandra Tingle July 11 will be her last day of employment. But he later gives her a short extension.
July 16 - Tingle sends a letter to the city attorney alleging a sexually hostile working environment.
Mid July - The city hires an attorney to investigate the discrimination complaint.
Aug. 1 - Tingle's attorney files a discrimination complaint with the state.
Oct. 3 - The city's attorney sends a response to the state claiming there was no discrimination.
Nov. 26 - The Wisconsin Department of Workforce Development Equal Rights Division dismisses the complaint.