01-0165 Lopez v. Labor and Industry Review Commission

By: dmc-admin//February 25, 2002//

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“While we agree with Lopez that discriminatory working conditions are a serious matter, we reject his conclusion that his reaction may not reasonably be considered misconduct. LIRC could reasonably decide that Lopez’s reaction was not justified and constituted misconduct even if he had been subject to harassing comments by Jaeger, and Goers had failed to respond to his complaints. LIRC’s failure to discuss the testimony of the complaints to Goers does not mean LIRC did not consider it. Rather, in LIRC’s view the prior complaints to Goers did not alter its conclusion that Lopez’s reaction to Jaeger’s verbal harassment was misconduct.”

Order affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Flanagan, J., Vergeront, P.J.

Attorneys:

For Appellant: Kevin G. Magee, Madison; Michele Bopp, Madison

For Respondent: William W. Cassel, Madison; Willow Foods Inc., Beaver Dam

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