WASHINGTON — The wrongful termination case against CUNA will reach the next phase later this month during a hearing on money.
Lawyers for CUNA and former CUNA executive Mike Miller are scheduled to appear before a hearing examiner on Aug. 13 and 14 to present evidence about back and front pay and benefits.
In May, Clifford Blackwell of the Madison, Wis., Equal Opportunity Commission recommended that CUNA pay the former senior vice president for association services $75,000 in damages and additional money because it fired him after he complained about his boss's racist and sexist comments.
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Miller's lawyer, Michael Fox, said he plans to depose CUNA President Dan Mica and other CUNA officials about the level of pay increases granted top executives of the association in recent years to determine how much he will ask for Miller.
Fox said he would focus on the salaries as well as promises made to Miller about future promotions but declined to elaborate.
CUNA, which has said throughout the case that it does not discriminate, has said it plans to file a notice of appeal. But Blackwell told them that it can't file an appeal until he issues a final decision. That decision will come after the August hearing.
After Blackwell issues his decision, it is subject to the review by the Wisconsin Equal Opportunity Commission. The commission's decision can be appealed within the state court system in Wisconsin.
In his decision, Blackwell wrote that CUNA was prompted to fire Miller on Sept. 9, 2004 "because of his exercise of his right to oppose a discriminatory practice on the part of [CUNA Madison Chief Operating Officer John] Franklin."
He added that Miller's "continuing objections to Franklin's sexist, racist and homophobic comments played a motivating role in his termination."
On the subject of CUNA's work environment, Blackwell said the association has an "unusually high level of internal fighting and personality conflicts" and, while noting that CUNA President Dan Mica has tried to change that aspect of the culture, that did not happen with regard to this case.
Fox said they also plan to file a federal lawsuit once the state Equal Opportunity Commission phase is completed.
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