Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance
Subject: Renee M. Gravunder (Hrg. No. 96201988EC) v. Labor and Industry Review
Commission and UP Special Delivery, Inc., Case 97-CV-568 (Wis. Cir. Ct., Eau Claire Co.,
July 16, 1998)
Digest Codes: VL 1080.09 - Working Conditions - Fellow Employes - conflict with
co-worker - employer responded promptly and reasonably to employe's complaints
The employe worked for about 15 months as a clerical worker for the employer, a trucking
business. On several occasions a male co-worker, Johnson, deliberately sat on her desk and
farted. Johnson gave her a 1-800 pornographic hot line number and told her it was the
number for UPS. He deliberately did not flush the toilet after he used it because the
employe had not put up the seat after she used it. The employe complained and Johnson was
reprimanded. Johnson later put a dead bird on the employe's car windshield in the
employer's parking lot, and received additional disciplinary action when the employe told
the employer. On another occasion an unidentified individual put a sexually-offensive
cartoon on the employe's and other individuals' computers. The employer attempted to
discover who had done this but was unable to do so. A sexually-offensive FAX was sent to
the employe's terminal from another terminal, and the employe was the first person to see
it. The employer investigated and discovered that it had been sent by an individual who
did not know the employe and intended it for a group of dock workers. This individual was
also disciplined. Shortly before quitting, the employe asserted that Johnson had stolen
the security code to her telephone answering service, but this was never proven and the
employe did not cooperate with the employer's investigation before quitting.
The appeal tribunal and the commission found a quit without good cause attributable to the
employer. The employe appealed and asserted that she had been sexually harassed, and that
the employer did not react reasonably.
Held: The commission is affirmed. The employer did respond promptly and reasonably
to each of the employe's complaints. The employe did not cooperate with the final
investigation regarding Johnson's alleged theft of her security code, and there was strong
evidence that she quit because she was about to be fired herself for disciplinary reasons.
Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.
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