Digest of ICRC Final Decisions, July 1, 1988 to June 30,1989

Beth Whennen v. Memorial Lawn Cemetary, Inc. Complainant, an employee, alleged that Respondent discriminated against her on the basis of sex by (a) failing to provide her health benefits while male employees were provided such benefits; (b) paying her less in the position of grounds supervisor than a former male grounds supervisor was paid; (c) reducing her work hours and laying her off due to pregnancy; and (d) constructively discharging her. During the course of the hearing, the issue arose of whether the Complainant had been retaliated against for filing her complaint by being watched and questioned when she went to the Respondent in order to visit relatives' graves.

No discrimination was found in regard to the health benefits allegation as there was no different treatment on the basis of sex because health benefits were provided only to one long-term male employee, and not to any other employee, male or female, including the Complainant. Discrimination was found in regard to the pay allegation as the Complainant was paid less than male supervisor although no credible nondiscriminatory reason for the pay differential was offerred by the Respondent.

The reduction in work hours and subsequent layoff was found to be discriminatory because they resulted from a practice of requiring pregnant women to accept reduced work hours and layoff, which was not justified by business necessity. The Complainant was not, however, constructively discharged as the Complainant failed to show that the discriminatory acts of the Respondent made her working conditions so bad that a reasonable person would have found them to be intolerable. The retaliation issue was found to not be within the Commission's jurisdiction as no complaint had been filed in regard to the alleged retaliatory acts, which occurred after the original complaint was filed. (Decided at July 15,1988 Commission meeting.) [No appeal was taken. Commission filed an enforcement action which is currently pending in Wapello County District Court.]

Otis Payton v. Fishercrest Apartments. Complainants, a husband and wife, both of whom are black, and who were seeking an apartment, alleged that the Respondent housing provider indirectly indicated that they would not rent an apartment to the Complainants because of their race. Specifically, the Respondent was alleged to have deliberately misinformed the Complainants that a rental unit was not available when it was. Discrimination was shown by evidence demonstrating different treatment on the basis of race, i.e., their white daughter-in-law was able to rent the apartment on their behalf when she did not inform the Respondent of her in-laws' race. The Respondent's proffered justification for not renting to the Complainants, that the apartment was being held for an unidentified Oriental couple, was found not to be credible. (Decided at August 26,1988 Commission meeting.) [Respondent filed an appeal in Scott County District Court. The case is scheduled for final submission to the court on February 2, 1990.1

Sammy Jolly v. Venetian Iron Works, Inc. Complainant, an applicant for hire, alleged that Respondent failed to hire him for the position of welder because of his race, which is black. Respondent failed to appear and default judgment was rendered. (Decided at August 26,1988 Commission meeting.) [Commission has administratively closed this case. Respondent had not only gone out of business but had transferred all its assets to the bank in partial satisfaction of its debt. Hence it was determined that enforcement would be futile.]

Christy Johnson v. Keokuk Steel Casting. Complainant, an employee, alleged that the Respondent retaliated against her by discharging her because of having previously filed a complaint alleging sex discrimination. Retaliation was found when the reasons given by the Respondent, all of which related to the Complainant's work performance, were found to be pretexts for discrimination. (Decided at September 23, 1988 Commission meeting after remand from the Iowa District Court for Lee County.) [Respondent appealed to Lee County District Court. Commission is currently awaiting a decision from the court.]

Sharon M. Trout v. Agnes Crumbaugh. Complainant, who is white, alleged that Respondents refused to rent her an apartment because she had a black male friend. A prima facie case of discrimination was established by showing (a) that the Complainant expressed an interest in renting and was shown an apartment; (b) Respondent's agent learned that the Complainant's male friend was black; (c) that when Complainant informed Respondent's agent that she wished to rent a particular apartment, he asked whether her male friend was black; and (d) when she responded that he was, the Respondent's agent refused to rent to her. The Respondent's proffered reason for refusing to rent to her, that she did not have sufficient funds to pay the rent and deposit, was found to be a pretext for discrimination. (Decided at December 9,1988 Commission meeting.) [Just prior to the commission meeting, Respondent Agnes Crumbaugh died. Her estate paid for judgment to Complainant.]

Victoria L. Hamer v. United Parcel Service, Inc. Complainant, an employee, alleged that she was discharged by the Respondent because of her sex. Discrimination was found because the evidence showed (a) that similarly situated male employees were treated differently in regard to the discharge practices of the Respondent; and (b) that management admitted bias against female employees and followed other sexually discriminatory practices, in particular allowing an environment of sexual harassment of female employees. This suggested that the termination of the Complainant was consistent with the Respondent's usual practice of sex discrimination. (Decided at February 24,1989 Commission meeting.) [Both parties filed appeals in Wapello County District Cout. The appeals were finally submitted to the court on October 23, 1989. The commission is currently awaiting a decision from the court.]

Denise Walker v. The Best Western Airport Inn. Complainant, an employee, alleged that Respondent employer sexually harassed and constructively discharged her. The Commission awarded the Complainant $13,623.50 plus interest in back pay and $25,000 in damages for emotional distress. (Decided at February 24,1989 Commission meeting.) [The Best Western Airport Inn has filed for bankruptcy. Complainant is attempting to collect some portion of her judgment in bankruptcy court.]

Stanley Deck v. Henkel Corporation. Complainant, an employee who was diagnosed as having acute agitation and depression, alleged that Respondent discharged him due to a perceived mental disability. The Complainant had been on sick leave due to his illness and subsequently returned to work. The Respondent failed to meet its legal duty to reasonably accommodate the Complainant's disability when it terminated him after he had to leave work due to his disability. Five years of back pay and $5,000 in damages for emotional distress were awarded. (Decided at February 24,1989 Commission meeting.) [Respondent appealed to Lee County District Court. Final submission to the court is scheduled for December 26, 1989.]

Ronald Lewis v. J. D. Marshall-JDM Business Consultants. This complaint, which alleged race discrimination in employment, was dismissed when the Complainant failed to provide federal income tax records as ordered by the Commission. (Decided at March 24,1989 Commission meeting.) [As no appeal was taken, the dismissal is the final disposition of this case.]

Doris A. Carruthers v. Prudential Insurance Company. Complainant, a female, alleged that the Respondent insurance company's practice of not selling life insurance to recipients of Aid to Dependent Children or other public Assistance had a disparate impact on females and therefore constituted illegal sex discrimination in the area of public accommodations. The insurance company was found to be a public accommodation under the Iowa Civil Rights Act and was found to have violated the act based on statistical evidence demonstrating that the policy does have a disproportionate effect on women. (Decided at the May 12,1989 Commission meeting.) [Respondent filed an appeal in Polk County. Final submission is scheduled for December 15, 1989.]