DOROTHY A. ABBAS, Complainant,

and

IOWA CIVIL RIGHTS COMMISSION

vs.

CITY OF HAMPTON, Respondent.

Findings of Fact continued:

Remedies: Mitigation of Damages:

100. The Respondent City of Hampton has failed to show that Complainant Abbas has failed to mitigate her damages with respect to back pay and benefits. The record shows that Abbas did mitigate her back pay and benefit damages by continuing in her employment, by receiving unemployment compensation, and by making a reasonable good faith effort to seek other employment after the reduction in her hours. See Finding of Fact No. 94. (CP. EX. # 22-25). Her work search efforts were demonstrated by her testimony describing her work search and by her letters of application for various positions which were entered in the record. (CP. EX. # 13- 21; Tr. at 47-52, 87-88).

101. Although, for reasons set forth in the conclusions of law, Abbas did not need to show she mitigated damages with respect to the insurance premiums which would have been paid by the City if she had remained in the full-time position, Abbas did obtain health insurance coverage through her husband's employment. He paid some premium for this coverage, but it is not shown in the record and, therefore, it cannot be determined whether it exceeded the amount of premiums the employer would have paid. (Tr. at 84).

Remedies: Damages for Emotional Distress:

102. Complainant Abbas suffered severe emotional distress as a direct result of the retaliatory actions of the Respondent which have been set forth above. There is no evidence of any other independent cause for the distress sustained by Dorothy Abbas. The distress was continuing as of the date of the hearing and there is no way of telling when, if ever, it will end. (Tr. at 46, 158-59).

103. The pain caused by the retaliatory statements and actions to which Abbas was subjected to was evident in her demeanor at the times she testified to her recollection of these events. While it is not unusual for complainants to become upset at hearing, or even cry, it is rare for such severe pain to be reflected in a complainant's voice, demeanor, and testimony.

104. Complainant Abbas' voice would crack at various times and it was clear it was emotionally very difficult for her to talk about these events. At the point where she recalled Ken Herwig threatening to take away everything she and her husband had worked for through a lawsuit based on what she said in the complaint, she appeared to be so upset that the Administrative Law Judge asked her if she wished to take a break. (Tr. at 19-20). She declined, but, shortly thereafter, it was necessary take a five minute recess while she was testifying as to what Herwig had told her with respect to why she was being reduced to part-time, i.e. the "civil rights mess" statement. (Tr. at 30-31). Her voice cracked as she described how she would respond to the feeling of worthlessness which resulted from retaliatory actions: "I went ahead with my work and I did the best I could every day. And every time they did something mean to me, I would do something nice for somebody else." (Tr. at 46). Complainant Abbas again broke down crying after being asked to describe how the reduction to part-time made her feel, and it was necessary to take another five minute break. (Tr. at 46-47).

105. Complainant Abbas' emotional reaction to retaliation was certainly not limited to the response at the hearing. As her daughter, Michelle Craighton, credibly testified, she was "crushed when Mr. Herwig threatened to sue her because of the complaint. And one thing that she couldn't discuss--even now--without crying about it was that he had said he was going to take away everything that she and my father had worked for all these years when he sued her." (Tr. at 151). The discussion of the threats with her daughter would bring tears to Abbas' eyes. Abbas would say to her "'He's going to sue me. He's going to take everything that Daddy', referring to my father, 'Daddy and I have worked for all these years.'" (Tr. at 153).

106. Abbas took these threats seriously and worried about them constantly. She felt she did not deserve these threats as she had a right to file the complaint. (Tr. at 45-46, 152-53). Complainant Abbas feared these threats to such a degree that she contemplated withdrawing her sex discrimination complaint in exchange for Herwig's promise not to sue her. On November 3, 1988, she left a message with Respondent's counsel asking him to ascertain if Herwig would agree to such an exchange. After she was assured Herwig had said he would agree, Abbas indicated she understood and would get back to him. She did not pursue the matter further. (CP. EX. # 28 at p. 22-23).

107. These threats and other retaliatory acts resulted in an inability to sleep. Abbas would then get up from her bed and walk through her house crying. Almost every day, she would go for a walk and cry while thinking about these retaliatory actions. She continued to do this as of the date of the hearing. (Tr. at 45-46, 85, 153). Complainant Abbas obtained medication from her physician because of the difficulty she had in sleeping. (Tr. at 85-86).

108. Abbas was emotionally devastated when she received the letter from Herwig informing her that she was going to be reduced to part-time. (Tr. at 29). When Ken and Rozann Herwig gave her the silent treatment, Abbas, "felt pretty worthless. That's what they wanted me to do, feel worthless. I believe that they wanted me to buckle under and leave. They wanted me to quit." (Tr. at 46).

109. Her daughter observed Dorothy Abbas become a changed person as a result of the retaliation inflicted upon her. (Tr. at 159). In addition to Abbas' becoming more emotional, sustaining an inability to sleep and engaging in frequent crying, particularly when these matters were discussed, (Tr. at 151, 153-54), she became nearly obsessed by her situation at work. (Tr. 151-52). When her daughter tried to discuss her own work, Abbas would bring the conversation around to her work situation and discuss it for several minutes. Abbas seemed to have no control over whether she did this. For example, when Abbas' daughter mentioned that her husband had gotten a raise, Abbas responded by saying that she was glad he had "a boss that appreciated us or things like that, whereas she didn't." (Tr. at 151-52). Prior to experiencing retaliation, Abbas was a more positive person who would responded with congratulations and not bring up other problems. The situation at her work seemed to be in Abbas' every thought. (Tr. at 152-53).

110. The severity of the impact of the retaliation on Abbas' emotions may be best demonstrated by Abbas' reactions, observed by her daughter, when a Commission investigator telephoned her to interview her concerning the retaliation complaint. Abbas' daughter noted that, when Abbas told the investigator about the reduction to part-time:

[S]he cr[ed quite a lot on the phone, and afterwards, when she talked to me, it was very hard on her and she would just sob. And it was difficult for me because I just held her and she was doing hard cries like it was coming from deep. It--it was hard for me because I felt like our roles had been reversed. I was now a parent to who would normally be comforting a child.

(Tr. at 154).

111. Complainant Abbas is seeking an award of fifty thousand dollars ($50,000.00) as compensation for emotional distress damages. (Int. # 4). Under this record, bearing in mind the severity and duration of the retaliatory emotional distress inflicted upon Complainant Abbas, an award of the sum of fifty thousand dollars ($50,000.00) is full, reasonable, and appropriate "make whole" relief. Therefore, this sum shall be awarded.