EQUAL OPPORTUNITIES COMMISSION
CITY OF MADISON
210 MONONA AVENUE
Jeffrey E. Carroll
809 Burr Oak Lane # 2
Madison, WI 53713
Bayview Community Center Board of Directors
304 Bay View
Madison, WI 53715
RECOMMENDED FINDINGS OF FACT
RECOMMENDED CONCLUSIONS OF LAW
Case No. 2491
The complaint in this matter was filed on February 27, 1979 alleging
discrimination on the basis of race and sex by Respondent in discharge from
employment in violation of sec. 3.23(7)(a) of the Madison General Ordinances.
Subsequent to an investigation by Mary Pierce, a probable cause determination
was issued on January 7, 1980.
Conciliation was waived or unsuccessful, and the case was certified to public
hearing on January 20, 1980.
A hearing was held on August 5, 1980 in Room 111, City-County Building, 210
Monona Avenue, Madison, Wisconsin. The Complainant appeared in person without an
attorney. The Respondent did not appear. Based upon the taped record of the
proceedings and the exhibits introduced at hearing, the following decision is
RECOMMENDED FINDINGS OF FACT
- Jeffrey Carroll is a Black male who began employment on October 4, 1978 as
Executive Director of the Bayview Community Center (BCC).
- The Bayview Community Center, Inc. was located at 304 Bay View and was a
corporation operated by the Bay View Board of Directors that employed
individuals in the City of Madison.
- Complainant was terminated on November 21, 1978 during a meeting of the
Bay View Community Center Board.
- A letter dated December 1, 1978, eleven days after the actual termination,
and signed by Gloria Fernandez, BCC Board President, stated "the three main
reasons" for Mr. Carroll's termination:
a. No work was done for three weeks to complete a fire door which prevented
BCC from receiving day care licensing.
b. No effort was made to complete the work for the Wisconsin Council on
Criminal Justice grants.
c. Nothing was turned in to the BCC Board regarding meetings Mr. Carroll was
- A non-Black female, Joy Colelli, held the job of Executive Director for
approximately three years prior to Mr. Carroll's employment. She resigned from
the position but continued to serve on the Board of Directors.
- A non-Black female, Gloria Fernandez, succeeded Mr. Carroll as BCC
Executive Director subsequent to his termination.
- Fire door violations had been pre-existing at the Bay View Community
Center since September 14, 1976; other building violations had been pre-existing
since August 2, 1978; and the BCC was informed of its day care licensure denial
in a letter dated October 6, 1978, only two days after Mr. Carroll began
employment with BCC. His predecessor, Joy Colleli had not been terminated for
failure to replace the fire doors in two years.
- Mr. Carroll had successfully completed the grant proposal to such a degree
that had he not been terminated, he would have only had to appear at one further
meeting of the Southwest Criminal Justice Planning Council to obtain the grant
for the BCC. Because of his termination, the grant processing for the BCC was
- Respondent had no written policy to submit documents for out-of-office
meetings, except there was a written policy to report out-of-town meetings. Mr.
Carroll attended no "out-of-town" meetings.
- At the Board of Director's request, Mr. Carroll presented a calendar of
all his out-of-office meetings to the BCC at an October meeting, and continued
to keep track of his out-of-office meetings until his termination on November
- Other areas that Complainant was lacking according to the November 21,
1978 meeting were "non-accessibility," "development of budgets," and "meetings."
- Complainant was reasonably accessible in his office following
notification at an October 31, 1978 meeting that "non-accessibility" was a
problem. He made efforts to keep regular office hours despite the mobile nature
of his job.
- It was the bookkeeper's duty to develop the budgets, and her failure to
carry out this assigned task was blamed on Complainant.
- Complainant attempted to call staff meetings, but a co-employee, Beverly
Pate, who was Youth Center Director, consistently frustrated Complainant's
attempts by notifying other staff employees that the meetings were cancelled.
- Complainant never received any written performance evaluations from his
superiors regarding any deficiencies in performance.
- The Bay View Board was comprised of eight persons, six females and two
males. Only three females, less than a quorum, were present at the November 21,
1978 meeting where Complainant was terminated.
- Bay View Community Center, Inc., funding ran out on March 31, 1980.
- Complainant would have earned $11,000 per year as Executive Director of
- Complainant actually earned $1,985 while employed at BCC and subsequently
has received $1,080 in Unemployment Compensation, and received $355 in City
Welfare benefits from September 1979 through March 1980. Complainant's earnings
at BCC are through December 6, 1978 as he was paid for two weeks he did not
- Complainant has applied to at least seven employers since the time of his
termination by BCC, and has failed to receive even an interview, in part due to
a negative recommendation written by the BCC Board.
RECOMMENDED CONCLUSIONS OF LAW
- Respondent is an employer within the meaning of sec. 3.23, Madison General
- Complainant was performing his job satisfactorily and all reasons advanced
for his termination are not supported by facts.
- Respondent discriminated against Complainant on the basis of race and sex
by terminating him in violation of sec. 3.23(7)(a) of the Madison General
- Complainant has used due diligence in attempting to seek employment since
- Respondent shall cease and desist from discriminating against Complainant
on the basis of race and/or sex in violation of the Madison General Ordinances.
- Respondent shall pay Complainant the sum of $14,403.00
(Fourteen-thousand-four-hundred-three dollars and no cents) which is the amount
he would have earned if employed through March 31, 1980, less amounts reimbursed
directly to Unemployment Compensation and City Welfare.
- Respondent shall offer Complainant the next available position as
Executive Director of Bay View Community Center, Inc., or its successor,
including all rights and benefits he would have received from the time of his
termination until the time he is reemployed.
- Respondent shall remove all negative job evaluations from Complainant's
personnel file. Respondent shall write Complainant an evaluation subject to
Complainant's approval which evaluation reflects that Complainant was performing
his job adequately and efficiently but was discharged for discriminatory reasons
on the basis of race and sex. The Commission or its designee will monitor any
- Joy Colelli, Gloria Fernandez, Bev Orr, and all other past and present
members of the Bay View Board of Directors shall refrain from giving Complainant
a negative job reference for the period of time he worked as Executive Director
of the Bay View Community Center.
- Respondent shall provide the Complainant with only positive references of
his job performance from October 4, 1978 to November 21, 1978, and shall contact
and rescind any negative job references that have been given to any inquiring
employer. Such rescission shall be subject to Complainant's approval, and shall
be monitored by the Commission or its designee.
- The Commission shall monitor the employment practices of the Bay View
Board of Directors relating to the Bay View Community Center for the next three
Complainant appeared in person at the scheduled hearing. Respondent failed to
appear. Pursuant to Madison Equal Opportunities Commission Rule 9.4, the
Complainant was permitted an opportunity to present a prima facie case of
discrimination. Complainant did so, and the Recommended Findings, Conclusions,
and Order have been entered accordingly.
Signed and dated this 5th day of September, 1980.
/s/ Allen T. Lawent
Allen T. Lawent