EDWARD D TILLMAN,

Complainant,

and

IOWA CIVIL RIGHTS COMMISSION

v.

MONFORT OF COLORADO, INC., CON AGRA, and BRET GOKEN.

Respondents.

SUMMARY*

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Edward D. Tillman against the Respondents Monfort of Colorado, Inc., Con Agra, and Bret Goken. Mr. Tillman alleges that he was subjected to race discrimination in employment.

Complainant Tillman, a Black male, alleges that all Respondents are liable for a racially hostile work environment which was inflicted on him by Respondent Bret Goken and other coworkers. He also alleges that he was discriminatorily discharged by Respondents Monfort of Colorado, Inc. and Con Agra (hereinafter "Respondents Monfort" or "Monfort"). His complaint specifically alleges that, during an altercation at lunch with a coworker, Respondent Bret Goken, he was called "nigger" by Goken. Tillman then reacted by slamming Goken into a table. While both of them were discharged for this incident, Goken was subsequently reinstated, while Tillman was not. Complainant Tillman alleges this constitutes racial discrimination by Respondents Monfort of Colorado, Inc. and Con Agra in his discharge. The question of racial harassment of Complainant Tillman by Goken and other coworkers was also addressed during these proceedings. Issues raised by this allegation include whether Respondents Monfort of Colorado, Inc. and Con Agra were aware of the harassment and took appropriate remedial measures to end it.

A public hearing on this complaint was held on August 21-23, 1995 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Marshall County Courthouse in Marshalltown, Iowa. The Respondents Monfort were represented at hearing by John K. Vernon, Attorney. The Respondent Bret Goken did not appear and was not represented. The Iowa Civil Rights Commission was represented by Teresa Baustian, Assistant Attorney General. The Complainant, Edward Tillman did appear, but was not represented by counsel.

The Respondents Monfort filed a Hearing Brief on August 17, 1995 which was submitted by attorneys John K. Vernon and David S. Steward. The Commission's Posthearing Brief, submitted by assistant attorney general Teresa Baustian, was received on November 3, 1995. The Respondent's Posthearing Reply Brief, submitted by attorneys Russell L. Samson and John K. Vernon, was received on December 19, 1995. Respondent Goken filed no brief.

The Commission proved Complainant Tillman's allegations of racial harassment against Bret Goken. The Commission failed to prove the allegations of racial harassment and racially discriminatory discharge against Respondents Monfort.

The Commission established its case of harassment against Respondent Bret Goken by establishing the first four of the following five elements. The Commission failed to prove, however, the allegation of harassment against Respondents Monfort because they failed to prove the fifth element:.

a. that Complainant Tillman is Black and is therefore a member of a class protected against race discrimination;

b. that he was subjected to harassment by Respondent Goken and other employees of Respondents Monfort of Colorado, Inc. and Con Agra. This was adverse conduct which he regarded as uninvited and offensive and which any reasonable person would regard as offensive;

c. that this harassment was based upon his race, i.e. because he is Black;

d. that this harassment created a hostile or abusive work environment; and,

e. that Respondents Monfort of Colorado, Inc. and Con Agra through their agents and managers, knew or should have known of the harassment and failed to take prompt, appropriate, and effective remedial action.

The Commission also failed to prove that Complainant Tillman was subjected to racially discriminatory treatment in his discharge as the preponderance of the evidence indicates he was not treated any differently than non-Black employees who were discharged for fighting. His attack on Respondent Goken was not justified by the purely verbal harassment he received from Goken.

Remedies awarded include $8500.00 for emotional distress damages resulting from racial harassment by Respondent Goken and other coworkers.

*This summary is provided as an aid to understanding the decision. It is not part of the findings of fact and conclusions of law.