ROBERT E. SWANSON, Complainant
VS.
PROPOSED DECISION AND ORDER
LEE DAHL MOTORS, Respondent.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED,
AND DECREED that:
A. The Complainant, Robert
Swanson, is entitled to judgment because he has established that
the refusal by the Respondent Lee Dahl Motors to interview or
hire him and its discriminatory advertising were in violation
of Iowa Code Sections 601A.6(l)(a)(c) and 601A.11 (1983).
B. Complainant Robert Swanson
is entitled to a judgment of forty-seven thousand two hundred
ninety-three dollars and ninety-two cents ($47,293.92) in compensation
for the loss resulting from the denial of the sales representative
position.
C. Complainant Robert Swanson
is entitled to a judgment of two thousand five hundred dollars
($2,500.00) in compensatory damages against Respondent Lee Dahl
Motors for the emotional distress he suffered as a result of the
age discrimination and retaliation practiced against him by the
Respondent.
D. Interest shall be paid
by the Respondents to Complainant Robert Swanson on the above
awards of compensatory damages at the rate of ten percent per
annum commencing on April 9, 1985 and continuing until date of
payment.
E. 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 Swanson'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.
F. The Commission retains
jurisdiction of this case in order to determine the actual amount
of attorneys fees to which Complainant Swanson is entitled to
under this order and to enter a subsequent order awarding these
fees. This order is final in all respects except for the determination
of the amount of the attorney's fees.
G. Respondent Lee Dahl Motors
is hereby ordered to cease and desist from any further practices
of age discrimination or retaliation in hiring for sales representative
positions.
H. Respondent Lee Dahl Motors
shall post, within 60 days of the date of this order, in a conspicuous
place at its locations at DeWitt, Iowa, in areas readily accessible
to and frequented by employees, the notice, entitled "Equal
Employment Opportunity is the Law" which is available from
the Commission.
I. Respondent Lee Dahl Motors
shall develop, and revise as necessary, written job descriptions
for all sales representative and other positions whose duties
include the sale of merchandise, setting forth in detail the job
title, duties, responsibilities, and the qualifications, both
subjective and objective, which are required for the positions.
Age shall not be a qualification. The qualifications stated shall
be the ones utilized for filling vacancies. Any revision shall
be made prior to the start of a selection process which is undertaken
to fill a vacancy. These job descriptions shall be completed within
180 days of the date of this order.
J. All of Respondent Lee
Dahl Motors' future job advertising, for a two year period commencing
with the date of this order, shall state "An Equal Opportunity
Employer" in type no smaller than the largest type in the
advertisement. There shall be no age requirement in the advertisements.
K. Respondent Lee Dahl Motors
shall establish and adhere to written procedures for filling sales
positions. These procedures shall incorporate the procedures set
forth in this order. These procedures shall be completed within
180 days of the date of this order.
L. Respondent Lee Dahl Motors
shall provide for the next two years, commencing one year
from the date of this order, an annual written report to
the Commission, indicating the name, age, address, telephone number
and position of each employee hired, whether his duties included
sales duties, and the date of hire. For each person hired, the
report shall indicate the name, age, address and telephone number
of each other applicant for the job, and whether an offer was
extended to such person. The Respondent shall maintain all applications
considered or received over this two year period until January
1, 1993, and shall make these and all other application materials
available to the Commission's representatives for inspection and
copying upon request until January 1, 1993.
M. Respondent Lee Dahl Motors 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 H through K inclusive of this order.
Signed this the 26th day of December, 1989.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480