LAURA KELLEN, Complainant,

VS.

CITY OF ALTON (PARKS DEPT.), MAYOR, CITY COUNCIL (ALTON), and CITY OF ALTON PARK BOARD, Respondents.

REMEDIES

When an unfair or discriminatory practice is determined, Code section 601A.15(8) (1983), requires an order that a Respondent cease and desist from the practice. Such an order should be made.

Iowa Code section 601A.15(8) (1983) further requires a respondent to take remedial action necessary to carry out the purposes of Chapter 601A. Remedial action under Iowa Code Chapter 601A attempts to "make whole" a victim of discrimination and permits an award of damages to restore the victim to the position she would have been in had the discriminatory act not occurred. See Foods, Inc. v. Iowa Civil Rights Commission, 318 N.W. 2d 162, 171 (Iowa 1982).

Complainant Kellen should have been hired as full time lifeguard in 1983 and should, therefore, receive the difference between what she would have earned and her actual earnings.

If Complainant had been hired in 1983, she would have been able to apply and work in 1984 also. The fact that she applied and worked part-time in 1984 attests to her availability, therefore, she should receive the difference between what she would have earned as a full time lifeguard in 1984 and her actual earnings. Counsel are ordered to submit a stipulation on the amount of back pay based on the above conclusions. That stipulation is due within 10 days of the issuance of this proposed decision.