JENNIE V. MILLER-SUHR, Complainant,

VS.

ART QUIRING TRUCK DIVISION, INC., and ART QUIRING Respondents.

THIS MATTER, a complaint, as amended, filed by Jennie V. Miller-Suhr (Complainant) with the Iowa Civil Rights Commission (Commission) charging Art Quiring Truck Division, Inc. and Art Quiring (Respondent) with discrimination in employment on the basis of sex, came on for hearing in Davenport, Iowa on the 7th day of April 1987, before Hearing Officer lone G. Shadduck. Complainant was represented by Teresa Baustian, Assistant Attorney General. Respondent was represented by Hugh J. Pries, Attorney at Law. At the close of the Hearing on April 8, 1987, the record was held open for the testimony of Complainant's witness, Harry Carstensen, either in person in Des Moines or by telephone conference call as soon as could conveniently be arranged after his return from California. Respondent resisted the request based on untimely disclosure of the name of the witness. A telephone conference call was set up for April 24, 1987. Prior to the operator completing the contacts, Attorney Pries became unavailable and the call was canceled. The Hearing Officer ordered Teresa Baustian to obtain an affidavit of testimony from the witness. That affidavit was received on May 13, 1987. Attorney Pries was given 10 days from May 28, 1987 (date of order) to respond. No response was received.

All rulings on motions and objections reserved and not ruled on in this proposed decision are denied.

The issues in this case are as follows:

ISSUE I - WAS ART QUIRING'S FAILURE TO OFFER JENNIE MILLER-SUHR FURTHER TRUCK DRIVING WORK BECAUSE OF HER REJECTION OF HIS SEXUAL OVERTURES?

ISSUE II - WAS THE FILING OF A DEFAMATION SUIT BY ART QUIRING AGAINST JENNIE MILLER-SUHR DONE IN RETALIATION FOR FILING OF THIS COMPLAINT WITH THE COMMISSION?

ISSUE III - IN THE EVENT THAT RESPONDENT VIOLATED IOWA CODE CHAPTER 601A, HAS COMPLAINANT ESTABLISHED RIGHT TO ANY REMEDIES PROVIDED IN CHAPTER 601A?