BEFORE THE IOWA CIVIL RIGHTS COMMISSION

MAXINE FAYE BOOMGARDEN, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

v.

HARDIN COUNTY VETERANS' COMMISSION BOARD and HARDIN COUNTY BOARD OF SUPERVISORS, Respondents.

CP # 07-86-14926

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the Complaint, alleging discrimination in employment on the basis of sex, filed by Maxine Boomgarden against the Respondents Hardin County Veterans' Commission Board and Hardin County Board of Supervisors.

Complainant Boomgarden alleges that the Respondents failed to hire her for a combined position of Director of Veterans Affairs and Civil Defense Director (the latter is also known as Coordinator of Emergency Management or Director of Disaster Services) because of her sex. Through her complaint, which was amended at hearing, she alleges that she was (1) subjected to different treatment on the basis of her sex and (2) was subjected to an employment practice that has a disparate impact on women, i.e. that a preference was given to the hiring of a veteran for this combined position. Proof of sex discrimination under either the disparate treatment or disparate impact theories is sufficient to establish a violation of the Iowa Civil Rights Act.

A public hearing on this complaint was held on September 17-18, and October 28, 1991 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the City Hall in Eldora, Iowa. The record was also held open for depositions which were taken on October 14, 1991 and November 18, 1991. The Complainant, Maxine Boomgarden, was represented by Edward N. McConnell, Attorney at Law. The Respondents were represented by James Beres, Hardin County Attorney. The Iowa Civil Rights Commission was represented by Rick Autry and Jim Christenson, Assistant Attorneys General.

The Respondent's Brief was received on February 25, 1992. The Complainant's Post-Hearing Brief was received on February 21, 1992. The Iowa Civil Rights Commission's Brief was received on February 20, 1992.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code § 17A.16(1) (1991). 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.16(1).

The Iowa Civil Rights Act requires that the existence of sex discrimination be determined in light of the record as a whole. See Iowa Code S 216.15(8) (formerly S 601A.15(8)) (1993). 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.