STANLEY DECK, Complainant,

VS.

HENKEL CORP., Respondent.

THIS MATTER, a complaint filed by Stanley Deck (Complainant) with the Iowa Civil Rights Commission (Commission) charging Henkel Corporation (Respondent) with discrimination in employment on the basis of disability came on for hearing in Keokuk, Iowa on April 21, 1988, before Ione G. Shadduck serving as Hearing Officer. The case in support of the complaint was presented by Teresa Baustian, Assistant Attorney General (AAG). Respondent was represented by Larry L. Shepler, Attorney at Law. The record was held open for testimony of a subpoenaed witness who failed to appear, namely, Richard Holtsclaw. Option was given to depose witness Holtsclaw or to continue with his testimony in Des Moines with opportunity for Respondent to respond. Counsel agreed to take witness Holtsclaw's deposition on May 3, 1988, and that deposition will be considered as part of the Transcript.

After having reviewed the record, the Administrative Law Judge (ALJ) proposed findings of fact, conclusions of law, recommended decision and order on December 8, 1988. Exceptions were filed. At its regularly scheduled meeting held February 24, 1989, the Commissioners modified the ALJ's proposed decision by adopting all exceptions filed by Teresa Baustian (AAG). Following is the modified findings of fact, conclusions of law, decision and order.