Digest of ICRC Final Decisions

July 1, 1990 - June 30, 1991

John Mack Burton v. Contract Cleaners, Inc., Wallace Sykes, and the Henkel Corporation. Complainant Burton alleged that the Respondents were liable for his discharge from the position of maintenance person due to his age and his race. Complainant Burton established a prima facie case of race and age discrimination in his discharge by showing: (1) that he belongs to a group protected by the statute, (2) that he was qualified for the job from which he was discharged, (3) that, despite his qualifications, he was terminated, and (4) that after his termination the employer hired a person not in [complainant's] protected class or retained persons with comparable or lesser qualifications who are not in a protected group. Because Respondent failed to produce evidence sufficient to articulate a legitimate, nondiscriminatory reason for the discharge, Complainant Burton was found to have established his case. In the proposed decision, Burton was awarded $78,953.68 in back pay and $5,000.00 in emotional distress damages. The case was settled for an undisclosed sum prior to the Commission meeting at which it was to be considered.

Ronald E. Nicol v. Buchanan County Sheriff's Department and Buchanan County Board of Supervisors. Complainant Nicol alleged that he was compelled to resign from his position as deputy sheriff due to his age and the disability of multiple sclerosis. The Commission found that there was no evidence to support the allegation of age discrimination nor was the evidence sufficient to show different treatment on the basis of disability . The Commission found that the Respondent did not fail to accommodate Nicol on the basis of his disability and did not constructively discharge him on that basis. The case was dismissed. On appeal by Complainant, the district upheld the Commission's decision. The case is now before the Iowa Supreme Court.

Ruth Miller (Clay) v. Page County Sheriff's Department, Page County Board of Supervisors, Page County Grievance Review Board, and Ron Franks, Sheriff. This hearing involved three consolidated complaints in which Complainant Miller, employed as a jailer, made 14 separate allegations of sex discrimination and retaliation. Discrimination and/or retaliation was found in regard to the denial of shift assignments, failure to place in the day shift jailer position, quid pro quo and work environment sexual harassment, and discharge. Complainant Miller was awarded and received the sum of $14,652.00 in emotional distress damages. This was reduced from $15,000 in order to reimburse Respondents for attorneys fees incurred on successful discovery motions to compel Complainant to answer interrogatories. In addition, Complainant was not awarded any back pay as a sanction for her delays in following discovery practice. Respondents were required to develop written personnel policies concerning shift assignments and sexual harassment, and to train all management personnel concerning sexual harassment.

Royd Jackman and Iowa Civil Rights Commission v. Jensen Construction Company. Complainant Jackman, a construction worker, alleged that Respondent allowed a coworker to subject him to racial harassment and thereby constructively discharged him due to his race. The evidence showed that Complainant Jackman was subjected to a variety of racial slurs and epithets and other racially harassing actions from a coworker, which were known to management, and management took no action to remedy the situation. The harassment eventually caused Jackman to leave his employment. Jackman was awarded $10,000 in emotional distress damages and $5,414.58 in back pay. The case was settled for an undisclosed amount after the final decision of the Commission was issued.

Frank Robinson and Iowa Civil Rights Commission v. Metro Pavers, Inc. Complainant Robinson, a construction worker, alleged that Metro Pavers, Inc. denied his equal pay, subjected him to an intolerable working environment, and constructively discharged him due to his race. No discrimination was found with regard to the equal pay allegation, but the evidence demonstrated that Robinson was subjected to a racially hostile working environment, due to actions of his supervisor and co-workers, and was constructively discharged due to his race. Robinson was awarded $10,000 in emotional distress damages and $4,420.20 in back pay. This case is currently being appealed by Respondent to the District Court.

Frank Robinson and Iowa Civil Rights Commission v. Metro Pavers, Inc. (Supplemental Decision on Attorneys Fees). At the same time that the Commission issued a final order finding liability and awarding back pay and emotional distress damages in the Frank Robinson case, the Commission retained jurisdiction in the case for the purpose of determining an award of attorneys fees. A stipulation reached by the parties, including the Respondent who would be paying the fees if the Commission's original decision is upheld after appeal, found that a total of $1,379.20 was a reasonable amount to be awarded as an attorneys fees award. Based on this agreement of the parties, the proposed decision recommended that this amount be awarded. In the final order, the amount was reduced by $10.40 to a total of $1,368.80 because it was felt by the Commission that the Complainant's mileage claim of $.25 per mile was excessive and should be reduced to the rate of $.21 per mile, the rate paid by the State of Iowa.

1991 Annual Report Main Page