CHERYL L. LEVITT, Complainant,

VS.

GENERAL ELECTRIC COMPANY, and JOHN CRIST, Respondents.

THIS MATTER, a complaint filed by Cheryl Levitt (Complainant) with the Iowa Civil Rights Commission (Commission) charging General Electric Company of Burlington, Iowa and Fairfield, Connecticut and John Crist (Respondents) with discrimination in employment on the basis of sex came on for hearing in Burlington, Iowa on the 4th day of August 1987, before lone G. Shadduck serving as Hearing Officer. Complainant was represented by Teresa Baustian, Assistant Attorney General. Respondents were represented by Robert A. Engberg, Attorney at Law.

The issues in this case are as follows:

ISSUE I - DID THE REFUSAL TO HIRE CHERYL LEVITT FOR THE STATED REASON THAT SHE WOULD BE UNAVAILABLE FOR THE ENTIRE EMPLOYMENT PERIOD CONSTITUTE DISCRIMINATION ON THE BASIS OF SEX (PREGNANCY)?

ISSUE II - WHAT IS THE PROPER DEFENSE IF EXCLUSION FROM EMPLOYMENT BECAUSE OF POTENTIAL UNAVAILABILITY DUE TO PREGNANCY IS DISCRIMINATORY?

After having reviewed the record, testimony, and exhibits the Hearing Officer makes the following findings of fact, conclusions of law, recommended decision and order.