If Scott Walker stays in office a little while longer, then
it will become legal be to harass LGBT employees in Wisconsin:
Laurie McCallum, who was recently appointed by Gov. Scott Walker to a six-year term on the state’s Labor and Industry Review Commission, wrote that the Wisconsin Fair Employment Act applies only to sexual harassment. That contention was the basis for her dissenting opinion in a case involving Milwaukeean Chris Bowen, a machine operator who was subjected to years of anti-gay harassment as an employee of Stroh Precision Die Casting.
In a 2-1 decision, commissioners Robert Glaser and Ann L. Crump found that Stroh was responsible for fostering a workplace environment hostile to Bowen because of his sexual orientation. Stroh did not deny that the harassment occurred; nor did the company argue that anti-gay harassment is allowed under state law during the eight years that the case bounced around the court system.
But McCallum, the politically connected wife of former GOP Gov. Scott McCallum, defied nearly 30 years of precedent in state law by asserting that sexual “preference,” as she put it, is not a protected category in workplace discrimination cases.
According to its website, the three members of the Wisconsin Labor and Industry Review Commission "are appointed by the Governor, subject to confirmation by the Senate," and "serve staggered 6-year terms." This means that if the second round of recalls fail, leaving Scott Walker as governor and Republicans in control of the state senate, they will be able to make another McCallum-like appointment to the board before the 2014 elections.
As such, it is quite likely that this round of Wisconsin recalls will determine whether or not it is legal to treat LGBT employees in Wisconsin like this:
The court record showed that a group of Bowen’s co-workers repeatedly called him “fag,” “maricon” and “my little bitch,” among other slurs, over a period of years. Bowen once found a bulls-eye hunting target over which the word “gay” was written stuck to his toolbox. Someone put a sign that said, “queer” or “queen” on his locker. A sticker was put in his workplace that said, “Honk if you’re gay.”
In a statement that was excluded as evidence at Bowen’s administrative hearing, co-worker Kathryn Corroo said, “I witnessed the sexual harassment against Chris Bowen, especially during February 2002 through May 2002 by (co-employees) Tom Meier, Rick Hafemeister, David Lepke, Jesse Manhardt and Rose McGee. … I heard Tom Meier say that Chris was not in a very good mood and that maybe it was because he (Chris) didn’t get a apiece (sic) of ass over the weekend at Pridefest, the day after the weekend of Pridefest. I heard Rick Hafemeister make comments to Chris and myself about how all nigers (sic) and queers, etc. ... (sic) should be put in a big hole and shot. And get rid of them all.”
Bowen won this case. However, if Scott Walker and his cronies have their way, then rulings like these will have a different outcome in just two years time.