BEFORE THE IOWA CIVIL RIGHTS COMMISSION

ALICE J. PEYTON, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

vs.

BOARD OF SUPERVISORS OF BUCHANAN COUNTY, Respondent.

CP # 01-90-19528

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant Alice Peyton and the Iowa Civil Rights Commission, are entitled to judgment because they have established that Respondent Board of Supervisors of Buchanan County failed to provide her with pay equal to either that of her male predecessor or male successor because of her sex. Failure to provide equal pay with respect to either her male predecessor or male successor because of her sex is a violation of Iowa Code Section 601A.6 (now 216.6).

B. Complainant Peyton is entitled to a judgment of twenty-three thousand one hundred thirty four dollars and thirty-seven cents ($23134.37) in back pay for the loss resulting from sex discrimination with respect to her pay.

C. Complainant Peyton is entitled to a judgment of two thousand dollars ($2000.00) in compensatory damages for emotional distress.

D. Interest at the rate of ten percent per annum shall be paid by the Respondent to Complainant Peyton on her award of back pay commencing on the date payment would have been made if she had been provided equal pay and continuing until date of payment.

E. Interest at the rate of ten percent per annum shall be paid by the Respondent to Complainant Peyton on the above award of emotional distress damages commencing on the date this decision becomes final, either by Commission decision or by operation of law, and continuing until date of payment.

F. Respondent Board of Supervisors of Buchanan County is hereby ordered to cease and desist from any further practices of sex discrimination in employment.

G. Respondent Board of Supervisors of Buchanan County shall post, within 60 days of the date of this order, in conspicuous places at its location at Buchanan County, Iowa, in offices and other areas readily accessible to and frequented by employees, including but not limited to employees of the Sheriff's Department, at least five copies of the poster, entitled "Equal Employment Opportunity is the Law" which is available from the Commission.

H. Respondent Board of Supervisors shall develop and post, in the same locations and manner as required in paragraph G of this order, a written policy stating that it is the policy of Buchanan County, Iowa to provide equal pay to its employees, regardless of their sex, for jobs requiring equal skill, equal effort, equal responsibility, and performed under similar working conditions. This policy shall set forth an internal procedure whereby complaints of unequal pay on the basis of sex may be brought to the Board's attention, considered, and acted upon. This policy shall also inform employees that this internal mechanism neither limits an employee's right to file a sex discrimination complaint with the Iowa Civil Rights Commission or the Equal Employment Opportunity Commission nor tolls any time limitations for the filing of complaints with those agencies. This policy shall be subject to the review and approval of the Commission's representative. It shall be implemented and posted within 180 days of this order unless an extension is granted by the Commission's representative.

I. Respondent 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 B through E and G through H inclusive of this order.

Signed this the 9th day of February 1994.

DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480