MADISON, Wis. — In a case unique for its lengthiness and documentation level, the Madison Equal Opportunity Commission will continue to hear arguments in the Mike Miller complaint against CUNA.
In October 2004 Miller, CUNA's former senior vice president of association services, filed a complaint with the Madison EOC stating that he was terminated because he alleged that CUNA Madison-Chief Operating Officer John Franklin made "numerous sexually and racially derogatory remarks as well as derogatory remarks about the sexual orientation of others or what he perceived to be the sexual orientation of others." CUNA responded in December of that year saying that he was fired for refusing to cooperate with the new COO because Miller was angry that he was not selected for the job.
Hearings were supposed to begin last summer according to Madison EOC Hearing Examiner Clifford Blackwell, but were delayed for various reasons and opened for 10 days in July 2006. Hearings were slated to continue Aug. 9-14. When asked if this next stretch should conclude the hearings, Blackwell responded, "I would hope so. I was fairly surprised we'd get to 10 days of hearings and then the complainant asked for four more."
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Miller, represented by Michael Fox of the law firm of Fox & Fox, SC, wrote in his complaint, "Mr. Franklin made such remarks in my presence and in the presence of other employees who found the remarks distasteful, discriminatory and made in situations where employees, including myself, felt quite uncomfortable. Employees of CUNA complained to me about his behavior in this regard and the hostile effect it had on their working environment." CUNA's attorney Lauri Morris, a partner with Quarles & Brady LLP, filed the trade association's response that the accusations held no merit. "Mr. Miller was terminated not because of the concerns he expressed, but because of his behavior seeking to undermine the new COO, John Franklin," the respondents said. "He repeatedly expressed his dissatisfaction with not having been selected for the COO position; he repeatedly stated that he could not work for the new COO and that CUNA should fire him (Mr. Miller). Despite many attempts by CUNA to let Mr. Miller know he remained a valuable team member, his disruptive actions continued. CUNA concluded that it had no choice but to terminate his employment for these legitimate business reasons."
In the EOC filing it said that Miller was not chosen to serve as COO in Madison because CUNA President and CEO Dan Mica and COO-Washington, D.C. Rich McBride felt "he was not yet ready for the level of responsibility vested in a COO; they believed he was too quick to rush to judgment and that he needed more experience."
According to CUNA, following Miller's initial complaint to management about Franklin's language, the COO apologized to the entire staff for his comments that CUNA said were made in what he considered "a small group of men whom he regarded as trusted friends." Franklin then developed an action plan to demonstrate his support for CUNA's policy of respect in the workplace. He also scheduled sensitivity and harassment training for the whole CUNA management staff; apparently another complaint had previously come in about a lower level employee who reported to Miller, which CUNA claims Miller did not address.
CUNA is keeping quiet about the case as it is pending. However, sources close to the case said the case is interesting in that involved "anybody from top to bottom" at CUNA. The case still could end up in the courts.
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