V. REMEDIES:

A. Compensatory Damages for Emotional Distress:

1. Complainant Tillman Suffered Emotional Distress Resulting From the Racial Harassment to Which He Was Subjected:

106. There is direct evidence that Complainant Tillman suffered emotional distress due to the racial harassment inflicted on him by Respondent Goken and other coworkers. Complainant Tillman's credible testimony indicates that, when he was still working at Monfort the racial slurs and name calling made him "a real bitter person." He noted that sometimes he would bring that bitterness home to his family. (Tr. at 171).

107. Complainant Tillman was not only offended by the racial harassment, but also credibly testified that it made him feel "like dirt." (Tr. at 132, 376).

108. The Complainant's anger and upset at the repeated racial epithets, including being called "nigger" by Respondent Goken, is well established by both the direct and circumstantial evidence in the record. (Tr. at 126-29, 131-32, 141, 142, 234, 241, 376). Anger and upset are forms of compensable emotional distress. See Conclusion of Law No. 91.

109. Complainant Tillman credibly testified that he became angered enough by Goken's yelling this epithet at him that he warned him he would be digging his head out of a table if he continued. (Tr. at 141, 241). On the next occasion where Goken called him a "nigger," Complainant Tillman was sufficiently angered that he did what he had previously threatened to do, pound Goken's head into a table. See Finding of Fact No. 36.

110. Complainant Tillman also expressed his anger at other employees who harassed him. He was prepared to strike Mentel with a side of pork until supervisor Welton intervened. See Finding of Fact No. 30. On another occasion, when he was called "nigger" in the locker room by a white coworker, he slammed the coworker against a locker and told him to never call him that again. (Tr. at 131-32, 234-35).

111. Among the circumstances from which emotional distress may be inferred is the duration, frequency, and severity of the harassment. The harassment continued for a period of six to seven months, from the time Complainant Tillman was placed on the main break In October or November of 1989 until late May of 1990. Racist epithets such as "nigger," "coon," and "boy" were directed toward Tillman four out of five days a week. It may reasonably be inferred that an employee would suffer substantial emotional distress from such treatment. See Findings of Fact Nos. 18, 26-38. See Conclusion of Law No. 98, 104.

112. Complainant Tillman's distress over the racial harassment continued after the end of his employment. (Tr. at 24, 45, 171-72, 268-69, 272, 348, 352,356, 391). Tillman continued to be angry over the name calling as well as the retention of Goken by Monfort. (Tr. at 171-72). He also became depressed over these events and his discharge. (Tr. at 24, 45, 171-72, 268, 269, 352).

113. Complainant Tillman's depression was evidenced by heavy drinking, some drug abuse, and a marked deterioration in his personal appearance. (Tr. at 45, 171-72, 268, 272, 352, 356). He ceased to engage in the family activities such as eating out, swimming, playing with his kids and going to the movies. (Tr. at 173, 348). He also argued with D'Arci, who was the mother of his children. (Tr. at 172, 273). This distress continued until he completed a thirty day treatment program at Horizons Family Center starting in April of 1992. (Tr. at 174-75, 272).

114. As noted above, Complainant Tillman's distress after his discharge was caused not only by the racial harassment he had endured, but also by other factors. See Finding of Fact No. 112. Therefore, care has been taken in order to ensure that the amount awarded does not compensate for emotional distress arising from these other factors.

115. Given the duration and severity of the emotional distress arising from the racial harassment which Respondent Goken participated in, an award in the amount of eight thousand five hundred dollars ($8,500.00) is full, reasonable, and adequate compensation for the distress sustained by Complainant Tillman due to race discrimination.

VI. CREDIBILITY:

116. The testimony of Complainant Tillman, his sister, Caroline Tillman, and Eugene Phillips was generally credible. There are exceptions, previously discussed in the findings of fact, where their testimony was found to not be credible due to the reasons stated and the discrepancies noted therein. See Findings of Fact Nos. 54, 58-60, 63-65.

117. David Moravec's testimony was viewed with caution. Moravec was basically a troublemaker who would make it a point to communicate derogatory statements made by one coworker about another to the employee who was the subject of the statement. (Tr. at 66-67, 89-91). Mr. Moravec also had a grudge against Respondents Monfort because he had been given a written warning regarding alleged sexual harassment. (Tr. at 76-77, 98-100). His testimony on material facts is credited when it does not reflect his bias against Monfort or when it is supported by the testimony of other witnesses.

118. As previously noted Ron Allen testified that he had struck a coworker with a loin. He had falsely told Monfort, however, that he had only threatened to strike him. See Finding
of Fact No. 99. Allen tried to justify this by arguing that there is no difference between a physical blow and a verbal threat. (Tr. at 306). As a former union steward, Allen probably knew this reasoning was false, i.e. that, for disciplinary purposes, there is a difference between merely threatening to strike a coworker and actually striking the coworker. (Tr. at 278, 295). Thus, care has been taken to credit his testimony on most material issues only when that testimony is supported by other credible evidence.

119. Michael Slifer, Jerry Rutherford, Charlie Freese, Dean Welton, Byron Coleman, Ross Boyer, and Bary Carl were credible witnesses.