MADISON, Wis. — Dane County officials say an independent investigation into the Henry Vilas Zoo found no evidence of discrimination or a hostile work environment, based on the legal standards for both.
In a release issued Monday morning, the Dane County Board says the investigation conducted by retired Dane County Judge Valerie Bailey-Rihn also found no violations of the Dane County Employee Handbook by Henry Vilas Zoo management, although the investigation did uncover some “isolated past issues” with animal treatment that have already been investigated or are being resolved.
While Judge Bailey-Rihn decided the complaints of discrimination and hostile work environment did not meet legal thresholds, she did issue 10 separate recommendations to improve the general work environment at the zoo, including:
- Restructure the Henry Vilas Zoo’s organizational chart
- Gather input by zookeepers and others on key decisions
- Eliminate claims of favoritism for “just cause”
- Dealing with limited resources
- UW Veterinary care and reporting animal welfare
- Standardize processes
- Security concerns
- Improve communication about maintenance
- Zoo-wide training and support for employees
- Opportunities for advancement and growth
Leaders on the Dane County Board expressed satisfaction with the judge’s investigation and report.
“This arms-length review should give the public confidence that Zoo staff and management are making improvements and the zoo is operating in a way that is safe and fair for both the animals and our county employees working there,” County Board Chair Patrick Miles said in a statement announcing the investigation’s findings.
The board approved the independent investigation in June following allegations of racism by zoo management and mistreatment of zoo animals, ultimately deciding the scope of the investigation would not be limited to those topics. Board members also wanted to look into allegations of retaliation for union activity, retaliation for whistleblowing, unequal discipline for employees and a hostile work environment.
In her report, Judge Bailey-Rihn said she considered the allegations of racism, anti-union activity, and anti-whistleblowing activity as part of her investigation into discrimination at the Zoo.
“I did not find any such discrimination at the Zoo,” Judge Bailey-Rihn wrote in her report. “The simplest explanation of this conclusion is that ‘to discriminate’ is a verb — discrimination requires action — and there simply is no evidence of any action taken by the Zoo because of any of the listed reasons.”
Judge Bailey-Rihn went on to say in the report that her finding of no evidence of a hostile work environment had a similar basis.
“Under Wisconsin law, a hostile work environment requires either ‘pervasive conduct’ based on a person’s gender or other protected category which ‘interferes with work performance,’ or ‘an intimidating, hostile or offensive work environment.’ Under this standard, there is no evidence of a hostile work environment,” Judge Bailey-Rihn wrote. “There is no evidence of any changed conditions based on the employees’ individual complaints, and all available evidence suggests a level of hostility far below any hostile work environment recognized by the state and federal courts that have addressed the question.”
Judge Bailey-Rihn will present the report to the board at a Committee of the Whole meeting at 6 p.m. on November 17, 2022. In the meantime, members of the community can read the full report on the county board’s website.
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