[CIVIL.REG.,061097,0800]

Proposed Decision

(Iowa Civil Rights Commission; 06/10/97; 0800)

JUDGE FINDS NO DISCRIMINATION IN DISABILITY CASE

On June 2, 1997, Administrative Law Judge Donald W. Bohlken, with Iowa Department of Inspections and Appeals, issued a proposed decision and order in the case of Steven Blackford and Iowa Civil Rights Commission v. Casey's General Stores, Inc. After a five day public hearing, Judge Bohlken ruled that Complainant Blackford failed to prove his allegation of disability discrimination and ordered that the case be dismissed. The seven commissioners of the Iowa Civil Rights Commission will review Judge Bohlken's proposed decision at their July 25, 1997 meeting in Des Moines. The commissioners may adopt, reject, or modify the proposed decision.

Blackford alleged that Respondent Casey's General Stores, Inc. failed to complete a work permit which would have allowed him to retain his employment as a truck driver with Casey's after an OWI (operating while intoxicated) license revocation. Blackford alleged that this constituted discrimination on the basis of the disability of alcoholism.

According to Judge Bohlken, Blackford failed to prove his allegation of disability discrimination because he failed to prove that Casey's was aware of his alcoholism at the time Casey's refused to complete a work permit form and terminated him for failure to have a driver's license.

Representing Blackford at the public hearing were Attorneys David Goldman and Mike Carrol. Representing Casey's General Stores were Attorneys Elizabeth Kennedy and Edward Remsberg.

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(Contact: Don Grove 515-281-8084)

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