MICHAEL BIGGLES (LOVELADY), Complainant,

VS.

BLACK HAWK COUNTY HEALTH CENTER

and

BLACK HAWK COUNTY BOARD OF SUPERVISORS,

Respondents.

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Michael Biggles, then known as Michael Lovelady, against the Respondents Black Hawk County Center and Black Hawk County Board of Supervisors alleging discrimination on the basis of disability in the area of employment. The complaint specifically alleges that the Respondents failed to hire Mr. Biggles for a Nurse Aide position on the basis that he was perceived to be disabled due to a prior back injury.

A public hearing on this complaint was held on July 20, 1989 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Black Hawk County Courthouse in Waterloo, Iowa. The Iowa Civil Rights Commission was represented by Teresa Baustian, Assistant Attorney General. The Respondent was represented by Bruce B. Zager, Assistant County Attorney.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code 17A.16(l) (1989). The findings of fact are required to be based solely on evidence in the record and on matters officially noticed in the record. Id. at 17A.12(8). Each conclusion of law must be supported by legal authority or reasoned opinion. Id. at 17A.1 6(1 ).

The Iowa Civil Rights Act requires that the existence of disability discrimination be determined in light of the record as a whole. See Iowa Code § 601 A. 15(8) (1989). Therefore, all evidence in the record and matters officially noticed have been carefully reviewed. The use of supporting transcript and exhibit references should not be interpreted to mean that contrary evidence has been overlooked or ignored.

In considering witness credibility, the Administrative Law Judge has carefully scrutinized all testimony, the circumstances under which it was given, and the evidence bolstering or detracting from the believability of each witness. Due consideration has been given to the state of mind and demeanor of each witness while testifying, his or her opportunity to observe and accurately relate the matters discussed, the basis for any opinions given by the witness, whether the testimony has in any meaningful or significant way been supported or contradicted by other testimony or documentary evidence, any bias or prejudice of each witness toward the case, and the manner in which each witness will be affected by a particular decision in the case.