Richard Schneiter, a deputy warden at the Wisconsin Department of Corrections, was discharged after posting memes on his personal Facebook page that denigrated Muslims. The memes, visible to over 1,200 Facebook friends — many of whom were current or former Department employees — included one comparing Muslim children to garbage and another titled “Bacon America Great Again.” A Milwaukee Journal Sentinel article publicized the posts, prompting then-Lieutenant Governor Mandela Barnes to call for Schneiter’s removal. T he Department investigated, concluding that Schneiter violated Work Rule 25, which prohibits outside activities that impair an employee’s judgment or ability to perform duties. The Department discharged him without progressive discipline, citing “gross negligence” and a “substantial risk to safety and security” under Executive Directive 2. Schneiter challenged his termination, arguing lack of just cause and due process violations, including insufficient notice of the rule’s application to social media and bias in the proceedings.
The Wisconsin Employment Relations Commission upheld Schneiter’s discharge, finding the memes impaired his ability to lead a diverse workforce and advance the Department’s mission of equity and inclusion. The Commission emphasized Schneiter’s high-ranking role, which required him to model compliance with anti-discrimination policies and foster trust among staff and inmates. The circuit court affirmed, and Schneiter appealed.
The Court of Appeals of Wisconsin affirmed, holding substantial evidence supported the Commission’s findings. Schneiter’s posts, coupled with his unauthorized media comments, “cast doubt on his ability to lead” and “eliminated his ability to act as a role model.” The Court rejected Schneiter’s due process The Court of Appeals of Wisconsin affirmed, holding substantial evidence supported the Commission’s findings. Schneiter’s posts, coupled with his unauthorized media comments, “cast doubt on his ability to lead” and “eliminated his ability to act as a role model.” The Court rejected Schneiter’s due process claims, noting Work Rule 25’s plain language covered social media use, and the record showed no improper influence from Barnes’ comments or bias by the hearing examiner.
Schneiter v. Wis. Emp. Rels. Comm’n, 2025 Wisc. App. LEXIS 547 *.