Iowa Civil Rights Commission Contested Case Decision: Boomgarden Proposed Decision & Order

BEFORE THE IOWA CIVIL RIGHTS COMMISSION

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

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

CP # 07-86-14926

DECISION AND ORDER IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant, Maxine Boomgarden, is entitled to judgment because she has established that the failure to hire her for the combined position of Emergency Management Coordinator and Veterans Affairs Director by the Respondents Hardin County Veterans' Commission Board and Hardin County Board of Supervisors was based on sex in violation of Iowa Code Section 601A.6 (now 216.6).

B. Complainant Boomgarden is entitled to a judgment of nine thousand three hundred seventy dollars and twelve cents ($9,370.12) in back pay through December 31, 1990, exclusive of insurance premiums, vacation pay, and employer contributions for IPERS and social security for the loss resulting from the failure to hire her.

C. Complainant Boomgarden is entitled to a judgment of nine thousand three hundred fourteen dollars and sixty-one cents ($9,314.61) representing vacation pay, and employer contributions for IPERS and social security for the period ending December 31, 1991 for the loss resulting from the failure to hire her.

D. Complainant Boomgarden is entitled to a judgment of nine thousand dollars and zero cents ($9,000.00) in compensatory damages for the emotional distress sustained as a result of the discrimination practiced against her.

E. Interest shall be paid by the Respondents to Complainant Boomgarden on the above awards of back pay, vacation pay, and employer contributions to IPERS and social security at the rate of ten percent per annum commencing on the date payment would have been made if complainant had received employment in the combined position of Veterans Affairs Director and Emergency Service Coordinator effective July 1, 1986 and continuing until date of payment.

F. Interest at the rate of ten percent per annum shall be shall be paid by Respondents to Complainant Boomgarden on the above award of emotional distress damages commencing on the date this decision becomes final, either by Commission decision or by operation of law, and continuing until date of payment.

G. Within 45 calendar days of the date of this order, provided that agreement can be reached between the parties on this issue, the parties shall submit a written stipulation stating the amount of attorney's fees to be awarded Complainant's attorney. If any of the parties cannot agree on a full stipulation to the fees, they shall so notify the Administrative Law Judge in writing and an evidentiary hearing on the record shall be held by the Administrative Law Judge for the purpose of the determining the proper amount of fees to be awarded. If no written notice is received by the expiration of 45 calendar days from the date of this order, the Administrative Law Judge shall schedule a conference in order to determine the status of the attorneys fees issue and to determine whether an evidentiary hearing should be scheduled or other appropriate action taken. Once the full stipulation is submitted or the hearing is completed, the Administrative Law Judge shall submit for the Commission's consideration a Supplemental Proposed Decision and Order setting forth a determination of attorney's fees.

H. The Commission retains jurisdiction of this case in order to determine the actual amount of (a) attorneys fees (and to enter a subsequent order awarding these fees), (b) additional back pay as set forth in paragraph "I" of this order; and (c) insurance premiums as set forth in paragraph "J" of this order to which Complainant is entitled. This order is final in all respects except for the determination and award of the attorney's fees, as well as the determination of back pay and insurance premiums as set forth in paragraphs "I" and "J" below.

I. Complainant Boomgarden shall, within thirty days of the date this order becomes final, provide by affidavit to the Commission her individual actual annual earnings for the calendar years 1991 and 1992 and her additional earnings from January 1, 1993 to the date this decision becomes final either by Commission decision or by operation of law. Respondents shall, within thirty days of the date this order becomes final, provide to the Commission by affidavit the amount paid to the incumbent of the Hardin County Veterans Affairs Director and Emergency Management Coordinator position for the calendar years 1991 and 1992 and for the period from January 1, 1993 to the date this decision becomes final either by Commission decision or by operation of law. Respondents shall also provide by affidavit the amount determined to be the salary for that position for those periods of time.

J. Complainant Boomgarden shall, within thirty days of the date this order becomes final, provide by affidavit to the Commission the amount of her life, health, and dental insurance premiums paid by HHAS and her business for the calendar years 1991 and 1992 and for the period from January 1, 1993 to the date this decision becomes final either by Commission decision or by operation of law. Respondents shall, within thirty days of the date this order becomes final, provide by affidavit to the Commission the amount of the life, health, and dental insurance premiums paid by Hardin County for the incumbent of the Hardin County Veterans Affairs Director and Emergency Management Coordinator position for the calendar years 1991 and 1992 and for the period from January 1, 1993 to the date this decision becomes final either by Commission decision or by operation of law.

K. The Respondents and Complainant shall provide to each other on July 15th of each year, from July 15, 1994 to July 15, 1996 inclusive, the information within their possession specified in Findings of Fact Nos. 104 and 105 for (1) the period from the date this decision becomes final to June 30, 1994, and for (2) the fiscal years 1994-95 and 1995- 96. The Complainant's potential earnings at HHAS shall be based on the amounts set forth in Finding of Fact No. 106. The Respondents shall then pay to Complainant for the respective periods set forth above, on each July 30th following the end of Fiscal Years 1993-94, 1994-95, and 1995- 96, the amounts resulting from application of the formula set forth in Finding of Fact No. 105.

L. Respondents are hereby ordered to cease and desist from any further practices of sex discrimination in hiring, including but not limited to the exercise of voluntary veterans preferences which are not required by law.

M. Respondents shall post, within 60 days of the date of this order, in conspicuous places at their locations in Hardin County, in areas readily accessible to and frequented by county employees, the notice, entitled "Equal Employment Opportunity is the Law" which is available from the Commission.

N. All of Respondents' future job advertising, whether print or otherwise, for a two year period commencing with the date of this order, shall state the Respondent is "An Equal Opportunity Employer". At any time during this two year period when job advertising of any nature is placed, Respondent shall also notify the Job Service of Iowa of the openings.

O. All of Respondents' management personnel involved in making decisions in hiring, including the Board of Supervisors and the Veterans Affairs Commission, shall be directed to read, and shall read, within 90 days of the date of this order, the publication Successfully Interviewing Job Applicants, which is available from the Commission.

P. Respondent Hardin County Board of Supervisors shall develop, within 120 days of the date of this order, written policies prohibiting sex discrimination in employment. Such policies shall include written policies on the veterans preference in employment designed to ensure that no veterans preference is utilized unless required by law and done in the manner required by law. These policies shall be subject to the approval of the Commission. In the event, in the sole judgment of the Commission's representative, agreement cannot be reached on the language of such policy, the version drafted by the Commission shall be adopted by the Respondent. Copies of these policies shall be provided by Respondents to all persons involved in making employment recommendations or decisions for the county of Hardin County.

Q. Respondents shall file a report with the Commission within 210 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs B through F, J, and M through P inclusive of this order.

Signed this the 26th day of July 1993.

DONALD W. BOHLKEN

Administrative Law Judge

Iowa Civil Rights Commission

211 E. Maple

Des Moines, Iowa 50309

515-281-4480

Boomgarden Main