BEFORE THE IOWA CIVIL RIGHTS COMMISSION
CP # 11-93-25280
DIA # 96 ICRC - 1
DEBRA S. HOFFMAN,
Complainant,
and
IOWA CIVIL RIGHTS COMMISSION,
v.
MAMA LACONA'S - WEST, JIM LACONA, and JOEL LOPEZ,
Respondents.
FINAL DECISION AND ORDER:
1. On May 9, 1996, the Iowa Civil Rights Commission, at its regular meeting, adopted, with the following amendments, the Administrative Law Judge's proposed decision and order which is hereby incorporated in its entirety as if fully set forth herein.
2. The amendments are as follows:
A. Paragraph 138 of the Findings of Fact is amended by striking the words "twenty thousand dollars ($20,000.00)" and replacing the stricken words with the words "seven thousand five hundred dollars ($7500.00)."
B. Paragraph 47 of the Conclusions of Law is amended to read in its entirety as follows:
47. In determining the legal effect of the prohibitions against persons discriminating in employment on the basis of sex, the Act is to be "construed broadly to effectuate its purposes." Iowa Code S 216.18. As an individual, Respondent Joel Lopez is a "person." See Iowa Code S 216.2(10). Thus, Respondent Joel Lopez is liable as a person who otherwise discriminated on the basis of sex, Iowa Code S 216.6(1)(a), through his acts of sexual harassment perpetrated against the Complainant and other employees at Mama Lacona's-West. Lopez's liability is established by proof of the first four elements of the sexual harassment claim because these elements define the duty violated by him, i.e. the duty to refrain from committing acts of sexual harassment. See Conclusion of Law No. 15.
C. Paragraph D of the Decision and Order is amended by striking the words "twenty thousand dollars ($20,000.00)" and replacing the stricken words with the words "seven thousand five hundred dollars ($7500.00)." Paragraph D of the Decision and Order is also amended by striking the words "Jim Lacona,".
IT IS SO ORDERED.
Signed this the ____th day of ___________, 1996.
_______________________________
Dale Repass
Chairperson
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319