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EEOC Found Reasonable Cause to Believe Brown County Sheriff’s Office Discriminated by Sex

At yesterday’s sheriff candidates’ forum, challenger Dan Kaiser said (see video #6) federal investigators had found “reasonable cause” to believe that Sheriff Mark Milbrandt’s office had practiced sex discrimination.

After the forum, Kaiser’s wife, Laura Zylstra Kaiser, provided this July 8, 2016, letter from the U.S. Equal Employment Opportunity Commission to support that statement:

Julianne Bowman, District Director, U.S. Equal Employment Opportunity Commission, Minneapolis Area Office, to Laura Zylstra Kaiser and Brown County Sheriff, 2016.07.08, p. 1.
Julianne Bowman, District Director, U.S. Equal Employment Opportunity Commission, Minneapolis Area Office, to Laura Zylstra Kaiser and Brown County Sheriff, 2016.07.08, p. 1.
Julianne Bowman, District Director, U.S. Equal Employment Opportunity Commission, Minneapolis Area Office, to Laura Zylstra Kaiser and Brown County Sheriff, 2016.07.08, p. 2.
Julianne Bowman, District Director, U.S. Equal Employment Opportunity Commission, Minneapolis Area Office, to Laura Zylstra Kaiser and Brown County Sheriff, 2016.07.08, p. 2.

Zylstra Kaiser explained that three women had applied for positions in the Brown County Sheriff’s Office and were not hired after being told something along the lines of, We don’t like the idea of little girls out there by themselves. Those three women, says Zylstra Kaiser, subsequently found employment in other law enforcement agencies and were not terribly eager to jeopardize their careers among the good old boys by complaining about sexual discrimination. Knowing her past boat-rocking about sexual discrimination in the Brown County Sheriff’s Office and her retaliatory dismissal from the state Division of Criminal Investigation meant she didn’t stand a chance of getting a job, Zylstra Kaiser nonetheless applied for positions at the Brown County Sheriff’s Office to at least gain standing to file EEOC discrimination claims.

Elisa Sand learns from Sheriff Milbrandt that the EEOC made no determination on two of Zylstra Kasier’s three claims. On the third, cited above, the EEOC invited the Sheriff’s Office to participate in “conciliation efforts” to remedy the violations of Title VII. The Sheriff’s Office evidently declined. As Milbrandt said at the forum yesterday (see video #7) nothing else came of the EEOC claims:

The commission decision on the 2015 claim was made in July 2016. By October 2016, the U.S. Department of Justice had decided not to pursue complaint of discrimination, according to paperwork Milbrandt showed the American News, though no copy was provided [Elisa Sand, “Sheriff Candidates Swap Some Jabs, But Keep It Civil During GOP Forum,” Aberdeen American News, 2018.05.10].

Title VII of the Civil Rights Act says employers can’t discriminate based on sex. The EEOC says that, in one case, the Brown County Sheriff’s Office violated Title VII.

6 Comments

  1. Kurt Evans 2018-05-10 14:00

    Cory writes:

    Elisa Sand learns from Sheriff Milbrandt that the EEOC made no determination on two of Zylstra Kasier’s three claims. On the third, cited above, the EEOC invited the Sheriff’s Office to participate in “conciliation efforts” to remedy the violations of Title VII. The Sheriff’s Office evidently declined. As Milbrandt said at the forum yesterday (see video #7) nothing else came of the EEOC claims…

    Was Marty Jackley involved in this? Did he know about it? What’s his position on it?

  2. Tiffany Campbell 2018-05-10 14:39

    Laura Kaiser is a true SD hero.

  3. Kurt Evans 2018-05-10 15:15

    Tiffany Campbell writes:

    Laura Kaiser is a true SD hero.

    If Jackley wins the primary for governor, Billie Sutton’s ads might mention you and Laura in the same breath, Tiffany.

  4. Tiffany Campbell 2018-05-14 20:43

    Kurt Evans,
    Excuse me for my late response to your response.
    Laura Kaiser deserves more credit than I ever will. But if Laura and my name are ever mentioned in the same breath, I would be thrilled.
    I have spoken with both Laura and Dan, and Jackley’s story of Agent Black & Deputy Erickson withholding information is complete and utter BS.

  5. Kurt Evans 2018-05-15 22:56

    I’d asked:

    Was Marty Jackley involved in this? Did he know about it? What’s his position on it?

    Cory writes:

    Jackley and DCI are not mentioned in this EEOC letter. However, Jackley was in charge of DCI when DCI agent Zylstra Kaiser reported the harassment and was subsequently punished.

    My questions were meant to be rhetorical questions specifically about the EEOC’s action and subsequent lack of action. Did Jackley do anything to influence the EEOC’s decisions? Does he support Milbrandt’s decision to forgo conciliation? I don’t expect you to know Jackley’s answers, but I’d like to hear them from him.

    Cory continues:

    Last December, Jackley told KELO-TV that he denied LZK’s grievance because DCI Agent Mark Black and Deputy Ross Erickson withheld information.

    Tiffany Campbell writes:

    I have spoken with both Laura and Dan, and Jackley’s story of Agent Black & Deputy Erickson withholding information is complete and utter **.

    I can imagine how it went down…

    Jackley: “Laura says you’re lying.”

    Black & Erickson (in unison): “We’re not lying!”

    Jackley: “I would certainly look at any additional information that she is willing to provide. In the event that Black and Erickson were lying, it would be inappropriate. However, Black and Erickson have denied lying.”

    Jackley (1.2 million South Dakota dollars later): “Black and Erickson withheld information. They didn’t tell me they were lying.”

    https://dakotafreepress.com/2017/12/18/legislature-to-offer-sexual-harassment-training-january-17-good-reason-to-delay-abdallah-hearing-to-january-18/#comment-93605

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