RACHEL HELKENN, Complainant,

VS.

EVCC CORP. d.b.a. ECHO VALLEY COUNTRY CLUB

and

RACCOON VALLEY INVESTMENT COMPANY,

Respondents.

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant, Rachel Helkenn, is entitled to judgment because she has established that her discharge by the Respondents EVCC Corporation and Raccoon Valley Investment Company was based on her age in violation of Iowa Code Section 601A.6 (1985).

B. Respondents' motion to dismiss is denied.

C. Complainant Helkenn is entitled to a judgment of nine thousand two hundred twenty five dollars and fifty-two cents ($9,225.52) in back pay for the loss resulting from her discharge by the Respondents.

D. Complainant Helkenn is entitled to a judgment of one thousand dollars ($1000.00) in compensatory damages against Respondents for the emotional distress she sustained as a result of her discriminatory discharge by the Respondents.

E. Interest shall be paid by the Respondents to Complainant Helkenn at the rate of ten percent per annum, commencing on June 19, 1986 for all back pay then due; and commencing, for all back pay due after June 19, 1986, on the date payment of wages would have been made if Complainant had remained in her employment with Respondents, and continuing until date of payment.

F. Interest shall be paid by the Respondents to Complainant Helkenn on the award of compensatory damages for emotional distress at the rate of ten percent per annum commencing on June 19, 1986 and continuing until date of payment.

G. Respondents are hereby ordered to cease and desist from any further practices of hiring or discharging employees at Echo Valley Country Club on the basis of their age, except in regard to those positions where an age requirement is established by law.

H. Respondents' present management personnel at Echo Valley Country Club shall read, within 60 days of the date of this order, Successfully Interviewing Job Applicants, a publication which is available from the Commission or the Job Service of Iowa.

I. Respondents shall post, within 60 days of the date of this order, in a conspicuous place at its location at the Echo Valley Country Club, in an area readily accessible to and frequented by employees, the notice, entitled "Equal Employment Opportunity is the Law," which is available from the Commission.

J. All of Respondents' future job advertising concerning positions at Echo Valley Country Club shall, for a two year period commencing with the date of this order, state "An Equal Opportunity Employer".

K. In addition to whatever recruitment sources it presently uses, Respondents shall, for a two year period commencing with the date of this order, notify the Des Moines local office of the Job Service of Iowa of any waitress, waiter or other Food and Beverage openings which occur at the Echo Valley Country Club.

L. Respondents shall file a report with the Commission within 180 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs H through K inclusive of this order.

M. To the extent that any exception, appeal, or other objection to any part of this ruling, whether made before the Administrative Law Judge or before the Commission, has not been specifically adopted, rejected, or otherwise decided in this ruling, such exception, appeal or other objection has been considered and is hereby found to be without merit and is overruled.

Signed this the 3rd day of April, 1990.

DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480