Disabled U.S. Air Force Veteran Charges That the Wisconsin Department of Veterans Affairs Forced Him Into Retirement Because He Opposed the Department's Discriminatory Policies

MADISON, Wis., Nov. 12, 2010 /PRNewswire/ -- Retired U.S. Air Force Col. Gary Wistrom, a disabled veteran and longtime employee of the Wisconsin Department of Veterans Affairs (WDVA), has filed a claim with the Wisconsin Department of Workforce Development Equal Rights Division charging that he was forced into retirement because he provided a state investigative agency with truthful testimony concerning remarks made by Department Secretary Ken Black that disparaged the department for employing too many "old white men."  

Wistrom participated in a meeting where WDVA Secretary Ken Black made his remarks. Following that meeting, department employee Randall Nitschke filed a discrimination complaint alleging that he was demoted because he was a man who was too old and the wrong race, according to Wistrom's attorney, Peter Fox, of Fox & Fox, S.C.    

To corroborate his complaint, Nitschke sought affidavits from fellow employees who were present and heard Black's derogatory remarks about old white male employees of the department.  Wistrom informed his supervisors that he had been asked for an affidavit and would provide truthful information regarding the statements made by Black.  

Wistrom had been successfully employed as the Assistant Administrator of Homes in Union Grove, Wis. at the time he provided his affidavit.  However, shortly after submitting his testimony regarding the Black comments, he was summarily ordered by his superiors to report to an undefined position in Madison, Wis.   The new job would require a commute of more than 200 miles, travel that would pose a danger to Wistrom due to severe disabilities arising from his military service.  

The WDVA refused to consider accommodating his disabilities by allowing him to remain in his Union Grove position. The department also refused his multiple requests for information regarding the expected job duties of the new position.  

"Colonel Wistrom made the commute and reported for duty in Madison on October 25, 2010.  Predictably, the travel made him ill.  To avoid further damage to his health and potential danger to others on the highway, Colonel Wistrom was forced to retire," said attorney Fox.

Wistrom served around the world in the Air Force for nearly 30 years, including a joint service assignment in Europe with the North Atlantic Treaty Organization and lengthy service in senior level personnel management positions.  He became a permanent employee of the Wisconsin Department of Veterans Affairs in 2002

"Although Gov. Doyle has proclaimed that veterans bring unique qualifications to both private and state government employment, the WDVA appears to view military service as undesirable baggage for employment in their department.  The department is also directed to give special consideration to veterans such as Colonel Wistrom who have been disabled by their service to our country and not to, once again, put them in harm's way as part of their civilian employment," says Fox.  

*A copy of Wistrom's ERD Complaint can be made available upon request.

About Fox & Fox, S.C.

Fox & Fox, S.C. is a nationally recognized trial firm that handles complex business, contract, securities, constitutional, civil rights, employment, professional malpractice, whistleblower and class action cases. The firm has offices in Chicago, IL, Madison, WI and Milwaukee, WI. www.fox-law.com

SOURCE Fox & Fox, S.C.