ACLU Helps State Employees Challenge Discrimination in Workplace Giving
January 15, 2002
A group of Wisconsin state employees, through their American Civil Liberties
Union of Wisconsin lawyers, are asking the State to stop charities that
discriminate on the basis of sexual orientation from participating in
the State's own employee workplace giving campaign. The lawyers in January
2002 filed a petition at the Department of Administration asking the Department
to interpret the administrative rule governing the state payroll deduction
programs in a non-discriminatory fashion.
Under the current rule, "even if a charitable organization discriminates
on the basis of sexual orientation in the provision of services, in employment
practices, or in qualification to serve on the charitable organization's
governing board, the charitable organization is permitted to participate
in the State's payroll deduction program(s)," according to the petition.
The petitioners, all State employees, argue that discrimination on the
basis of sexual orientation is prohibited in virtually all other aspects
of public employment as well as by the state statute governing the implementation
of administrative rules.
"The State has paved a road to its employees' wallets. Agencies that
discriminate based on sexual orientation should not be allowed to travel
on it," said ACLU volunteer attorney Tamara B. Packard, one of the attorneys
for the Petitioners.
The Department of Administration Secretary, George Lightbourn, proposed
in February 2001 "to amend the rule to conform to existing statutory provisions."
That amendment would have accomplished exactly what the Petitioners now
seek to accomplish. Members of the State Assembly and Governor Scott McCallum
blocked the Department's effort. The Assembly has not acted on the proposed
amendment. McCallum ordered the Department to drop the proposed change.
The State Employees Combined Campaign is the annual workplace giving
campaign for state employees, including employees of the University of
Wisconsin system. 11,600 state employees in Madison alone may participate
in the SECC. They gave over $2,500,000 in 2001.
"The ACLU's clients are not challenging the participation of any specific
charity or campaign umbrella group, such as the United Way, at this time.
They expect that once the rule is brought into conformity with existing
statutory provisions, that the Department will enforce it fairly," said
Christopher Ahmuty, executive director. "The ACLU client group decided
to file its petition at this time so as not to disrupt the fall campaign
that has just ended - but to put the State and agencies wishing to participate
in the 2002 campaign on notice before the February application deadline."
The lawyers representing the petitioners are led by ACLU of Wisconsin
volunteer attorney Tamara B. Packard of the Madison law firm Cullen Weston
Pines & Bach LLP; volunteer attorney Christopher Krimmer in Milwaukee,
and Attorney Micabil Diaz, Legal Director of the ACLU of Wisconsin Foundation
in Milwaukee.
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