KATHRINE S. MARTIN, Complainant,

and

IOWA CIVIL RIGHTS COMMISSION,

vs.

NORTHEAST IOWA MENTAL HEALTH CENTER AND J. DES MCIVOR, EXECUTIVE DIRECTOR. Respondents.

DECISION AND ORDER:

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant, Kathrine Martin, and the Iowa Civil Rights Commission are entitled to judgment because they have established that Complainant Martin's termination and replacement by the Respondents J. Des McIvor and Northeast Iowa Mental Health Center were in violation of Iowa Code Section 601A.6 (now 216.6).

B. Complainant Martin is entitled to a judgment of twelve thousand eight hundred forty dollars and twenty- five cents ($12,840.25) in back pay for the loss resulting from her termination.

C. Complainant Martin is entitled to judgment in the following amounts for the benefits indicated:

1. Retirement Plan Contributions: One thousand two hundred eighty-four dollars and three cents ($1,284.03).

2. Health Insurance Premiums: Two thousand two hundred eighty-nine dollars and fifty-eight cents ($2,289.58).

3. Education Reimbursement Program: Four hundred twenty dollars ($420.00).

D. Complainant Martin is entitled to a judgment of fifteen thousand dollars ($15,000.00) in compensatory damages against Respondents for the emotional distress sustained as a result of the discrimination practiced against her.

E. Interest, at the rate of ten percent per annum, shall be paid by the Respondents to Complainant Martin on her awards of back pay and benefits, as set forth in paragraphs B and C of this order, commencing on the date payment would have been made if Complainant had not been terminated and continuing until date of payment.

F. Interest, at the rate of ten percent per annum, shall be paid by the Respondents to Complainant Martin on her award of compensatory damages for emotional distress, commencing on the date this order becomes final and continuing until date of payment.

G. Complainant's seniority shall be restored. Her personnel records shall indicate that Complainant's hire date is March 12, 1990. Complainant shall receive one additional day of personal leave, 15 days of accrued vacation leave, and 12 days of accrued sick leave or permanent disability leave (up to the limits indicated in the personnel policy) to reflect the year (8/91-8/92) she was off work. Her vacation shall accrue under the personnel policy as if she had been continuously employed since March 12, 1990.

H. Within 45 calendar days after the date this order becomes final, provided that agreement can be reached between the parties on this issue, the parties shall submit a written stipulation stating the amount of attorney's fees to be awarded Complainant's attorney. If any of the parties cannot agree on a full stipulation to the fees, they shall so notify the Administrative Law Judge in writing and an evidentiary hearing on the record shall be held by the Administrative Law Judge for the purpose of the determining the proper amount of fees to be awarded. If no written notice is received by the expiration of 45 calendar days from the date of this order, the Administrative Law Judge shall schedule a conference in order to determine the status of the attorneys fees issue and to determine whether an evidentiary hearing should be scheduled or other appropriate action taken. Once the full stipulation is submitted or the hearing is completed, the Administrative Law Judge shall submit for the Commission's consideration a Supplemental Proposed Decision and Order setting forth a determination of attorney's fees.

I. The Commission retains jurisdiction of this case in order to determine the actual amount of attorneys fees to which Complainant is entitled to under this order and to enter a subsequent order awarding these fees. This order is final in all respects except for the determination of the amount of the attorney's fees.

J Respondents are assessed all hearing costs allowed by Commission Rule 4.7(3) and which were actually incurred in the processing of this public hearing. The precise calculation of costs shall be as shown on the bill of costs which is to be issued under the executive director's signature after this decision becomes final. The record shall be held open for this purpose.

K. Respondents are hereby ordered to cease and desist from any further practices of disability discrimination in employment.

L. Respondent Northeast Iowa Mental Health Center shall post, within 60 days of the date of this order, in conspicuous places at its locations at Oelwein and Decorah, Iowa, in areas readily accessible to and frequented by employees, the notice, entitled "Equal Employment Opportunity is the Law," which is available from the Commission.

M. Respondent Northeast Iowa Mental Health Center (NEIMHC) shall amend its personnel policies, within 180 days of the date of the final order in this case, to include written policies to be developed by Commission staff on sick leave, and other leave for illness or disability, which shall be designed to prevent future instances of disability or perceived disability discrimination. Respondent NEIMHC shall cooperate in the development of such policies. In the event, in the sole judgment of the Commission's representative, agreement cannot be reached on the language of such policy, the version drafted by the Commission shall be adopted by the Respondent.

N. Respondent Northeast Iowa Mental Center shall file a report with the Commission within 210 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs G, L and M of this order.

Signed this the 11th day of September, 1995.

________________________________________

DONALD W. BOHLKEN

Administrative Law Judge

Iowa Civil Rights Commission

211 E. Maple

Des Moines, Iowa 50319

515-281-4480