BEFORE THE IOWA CIVIL RIGHTS COMMISSION

HOA THI BLOOD, Complainant,

VS.

HY-VEE FOOD STORES, CEDAR RAPIDS, and

HY-VEE FOOD STORES, CHARITON, IOWA, Respondents.

FINDINGS OF FACT

The Findings of Fact given below have a combined numerical and alphabetical designation in order to distinguish them from the Findings of Fact adopted by the Commission's Order of July 8, 1986. These Findings of Fact are made in response to Respondent Hy-Vee's Exception No. 7 on timeliness, and to arguments made on brief in regard to that exception. They are intended to supplement, but not supplant, except to the degree required to make more specific findings on the issues raised by the Respondent, the Findings of Fact adopted by the Order of July 8, 1986.

National Origin Discrimination in the Assignment of Work Hours:

1A. As of 1979 or 1980, Laura Melich and Susan Zahari, both of whom are non-Vietnamese, asked for and received an additional six or seven hours per week of work. (Tr. at 97- 98, 310, 329-330). Before they received these additional hours, they, and Complainant Blood, were working thirty hours per week as regular-time checkers. (Tr. at 316, 329-330). At that time, Complainant Blood had longer continuous employment with Hy-Vee than either Ms. Melich or Ms. Zahari, but was not offered any additional hours. (Complainant's Ex. 31; Tr. at 96, 101-102). See Findings of Fact Nos. 3, 8, 13.

1B. In the summer of 1981, late 1981, and early 1982, Complainant requested additional hours from Mr. Sapp. (Tr. at 95-96). She received an additional two hours of work per week in February of 1982, raising her hours to 32 hours per week. (Tr. at 97). The Complainant made other, unsuccessful, requests for increased hours until at least sometime in December of 1983. (Tr. at 102, 124). Official notice is taken of the fact that the earliest date in December of 1983, December 1, 1983, is seventy days before the filing of Complainant Blood's complaint on February 9, 1984. Fairness to the parties does not require that they be given an opportunity to contest this fact. See Findings of Fact Nos. 1, 13, 15.

National Origin Discrimination in Promotion:

2A. Complainant Blood began to ask Mr. Sapp for a promotion commencing in 1980. Jr. at 193). She would make inquiry approximately every six months from that time on about the availability of promotions. (Tr. at 193). This included a request in June of 1981. (Tr. at 109, 192). Complainant Blood requested that she be recommended for promotion to a Hy-Vee deli manager position in November or December of 1982. (Tr. at 103). This request was denied. (Tr. at 104). See Findings of Fact Nos. 10, 14.

2B. In October of 1982, Laura Melich, non-Vietnamese, was promoted from checker and part-time (backup) bookkeeper to full-time bookkeeper. (Tr. at 141, 308-09). Kathy Wisehart, non-Vietnamese, who had no bookkeeping experience was promoted from checker to the parttime bookkeeper position in January 1983. (Tr. at 105, 141). The Complainant, who had bookkeeping experience and had been employed with Hy-Vee longer than Ms. Wisehart, had asked for the parttime bookkeeper position without success. (Complainant's Exhibit 31; Tr. at 105). See Findings of Fact Nos. 7, 14, 16.

2C. The promotion of Susan Zahari, non-Vietnamese, to the Health and Beauty position designated as "aisle coordinator," occurred on June 6, 1983. (Tr. 141, 331). Ms. Zahari was subsequently promoted to front end supervisor in December of 1983, a position where she had responsibility for supervising the front-end checkers. (Tr. at 123-24, 141- 42, 334). There can be no doubt that the move to front end supervisor was a promotion as it gave Ms. Zahari additional supervisory responsibilities and was considered by store manager Don Sapp to be a promotion. (Tr. at 121-22, 141-42, 334). The importance of these additional duties is underscored by the Respondents' purported practice of giving greater emphasis, when considering who to promote, to work experience with the Respondent. (Tr. at 106). As previously noted, December 1, 1983 is seventy days prior to the filing of the complaint. See Findings of Fact Nos. 1 B, 14, 15, 16.

Sex Discriminatory Promotion System:

3A. The practice of promoting male courtesy clerks to stocker positions while female courtesy clerks were promoted to checker positions continued at the Cedar Rapids Store No. 5 from at least October of 1977 until January 29, 1984, the period during which Don Sapp was manager. (Tr. at 21, 41-42, 124). This practice was prevalent throughout the Hy-Vee stores in Cedar Rapids area from 1980 to 1985 inclusive. See Finding of Fact No. 10. The policy of having the line of progression from courtesy clerk to higher level positions which required stocking experience was in effect throughout the Hy-Vee system from at least July 31, 1974 to May 1, 1985. (Complainant's Ex. 30, 30A; Tr. at 25-28, 133-34). During Mr. Sapp's time as manager, this policy, when combined with the practice of reserving the stocker positions for males, disproportionately excluded the Complainant and the other checkers, all of whom were females, from the higher level positions requiring stocking experience at Cedar Rapids store No. 5. See Findings of Fact Nos. 4, 5, 10, 11. The effect, over time, that these continuing practices and policies had on the Complainant, in terms of income and promotion, is demonstrated by the comparison of the Complainant to Jim Wichman. See Finding of Fact No. 18. This combined practice and policy had a similar sex discriminatory effect in promotion at all Hy-Vee stores throughout the Cedar Rapids area from 1980 to 1985 inclusive. See Findings of Fact No. 11, 12.

3B. Official notice is taken that January 29, 1984 is eleven days prior to the filing of Complainant Blood's complaint on February 9, 1984. Fairness to the parties does not require that they be given an opportunity to contest this fact.