STANLEY DECK, Complainant,

VS.

HENKEL CORP., Respondent.

REMEDIES

The purpose of Chapter 601A is remedial in nature and the Commission is granted a broad range of remedies. Section 601A. 15(8) includes the following provisions:

(1) .... reinstatement or upgrading of employees with or without pay ... Interim earned income and unemployment compensation shall operate to reduce the pay otherwise allowable

(7) Posting notices in conspicuous places in the Respondent's place of business in form prescribed by the Commission and inclusion of notices in advertising material.

(8) Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees.

The purpose of awarding damages to Complainants injured by unlawfully discriminatory acts is to restore persons to the position they would have been in had the discriminatory act not occurred. Foods, Inc. v. Iowa Civil Rights Commission, 318 NW 2d 162, 171 (Iowa 1982).

The definition of *actual damages" is "the amount awarded to a complainant in compensation for his [sic] actual and real loss or injury% according to Black's Law Dictionary 352 (5th ed. 1979). In Amos v. Prom, Inc., 115 F. Supp. 127, 132 (N.D. Iowa 1953), a federal court interpreting Iowa law recognized emotional distress damages as compensatory. In Chauffeurs. Loc. U. 238 v. Civil Rights Comm'n., 394 NW 2d 375, 382-383 (Iowa 1986), the Iowa Supreme Court agreed with those jurisdictions allowing the award of emotional distress damages by the Civil Rights Commission or its equivalent. The court stated that such a result "seems only natural because emotional distress is generally a compensable injury, and the language of the statute allows actual damages which are synonymous with compensatory damages". The Court also stated that allowing the 'award of emotional distress damages is also consistent with the commission's discretion in fashioning an appropriate remedy under section 601A. 15(8)." Foods, Inc., 318 NW 2d at 171.

It is easier to determine an amount of damages for emotional distress when there is evidence of psychological harm by an expert witness, however, there are situations where it is reasonable to conclude that emotional distress has occurred just by the circumstances and testimony of the complainant. Because of Dock's already vulnerable emotional state, (of which Henkel was well aware), the unexpected nature of Deck's discharge after his struggle to return to productive employment, and the testimony of Mrs. Deck describing her husband's reaction to his discharge, it can reasonably be concluded that Deck suffered emotional distress. Deck should be awarded $5,000.00 in emotional distress damages.