BEFORE THE IOWA CIVIL RIGHTS COMMISSION
RUTH MILLER (CLAY), Complainant,
VS.
PAGE COUNTY SHERIFF'S DEPT., PAGE COUNTY BOARD OF SUPERVISORS, PAGE COUNTY GRIEVANCE REVIEW BOARD, and RON FRANKS, SHERIFF, Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Complainant, Ruth Miller, is entitled to judgment because she
has established that the denial of a rotating shift in May 1985; the reprimand
of June 24, 1985; the denial of assignment to the day shift for the first
week of July 1985; the refusal of the day shift jailer position; the creation
of a hostile working environment and the failure to remedy same; and her
discharge constituted sex discrimination and retaliation, as set forth in
the findings of fact and conclusions of law, by Respondents Ron Franks,
Sheriff; the Page County Sheriff's Department; the Page County Board of
Supervisors; and the Grievance Review Board, in violation of Iowa Code Sections
601 A.6 and 601 A. 11.
B. Complainant Miller is entitled to a judgment of fourteen thousand
six hundred fifty-two dollars ($14,652.00) in compensatory damages against
the Respondents for the emotional distress she sustained as a result of
the discrimination practiced against her by the Respondents.
C. Interest shall be paid by the Respondents to Complainant Miller on
the above award of compensatory damages at the rate of ten percent per annum
commencing on the date this decision becomes final, whether by Commission
decision or by operation of law, and continuing until date of payment.
D. Respondents are hereby ordered to cease and desist from any further
practices of sex discrimination and retaliation in employment as set forth
in the findings of fact and conclusions of law.
E. Respondents shall post, within 60 days of the date of this order,
in conspicuous places at their locations in Clarinda, 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.
F. Respondents shall develop a written policy on sexual harassment which
shall include an effective grievance procedure. An example of such a policy
is attached to this decision as Exhibit "A." This policy shall
be completed within 120 days of the date of this order. This policy shall
be subject to the approval of the Commission. 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 Respondents. A copy of this policy shall be issued to each
employee of Respondents within 150 days of the date of this order. At that
time, a copy of the policy shall also be posted in conspicuous places readily
accessible to employees and the public at the Page County Courthouse.
G. The Respondents shall develop a proposed plan of education
and training for all management personnel of Respondents, which will include
education and training in the prevention, detection, and correction of sexual
harassment, within 120 days of the date of this order. This plan shall be
subject to the review and approval of the Commission. The plan shall be
implemented within 150 days of the date of this order.
H. Respondents shall develop a set of written personnel policies for
the Page County Sheriff's Department which shall include detailed objective
procedures on scheduling, promotion, discipline and discharge. These policies
shall be completed within 150 days of the date of this order. These policies
shall be subject to the review and approval of the Commission. In the event,
in the sole judgment of the Commission's representative, agreement cannot
be reached on the language of such policies, the version drafted by the
Commission shall be adopted by Respondents. A copy of these policies shall
be issued to each employee of the Page County Sheriff's Department within
180 days of the date of this order. At that time, a copy of the policy shall
also be posted in conspicuous places readily accessible to employees and
the public at the Page County Sheriff's Department.
I. A copy of this decision shall be provided to the Iowa Department of Management.
J. Respondents 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 E through H inclusive of this order. This report shall include copies of all policies, postings, and plans required by this order.
Signed this the 22nd day of September.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480