DENISE WALKER Complainant

VS.

THE BEST WESTERN AIRPORT INN and JOHN VASHIE, Respondents.

FINDINGS OF FACT

I. The Complainant, Denise Walker, timely filed verified complaint CP# 04-87-16099 with the Iowa Civil Rights Commission on April 21, 1987, alleging a violation of Iowa Code section 601A.6, discrimination in employment on the basis of sex, by Respondents The Best Western Airport Inn and John Vashie.

2. The complaint was investigated, probable cause found, conciliation attempted but faded. Notice of Hearing was issued on February 16, 1988.

3. On November 8, 1986, Denise Walker (now Murphy), a female, started employment at The Best Western Airport Inn, Des Moines, Iowa. She started as a waitress at $2.01 an hour and was promoted to head hostess at $4.00 an hour. She then became dining room manager in February 1987, at $265.00 per week, and in April her salary was to be raised to $325.00 per week. Walker was approximately 24 years of age when she started employment and only had an eighth grade education. She liked her management position and planned to continue her work at Beat Western.

4. John (VINOD) Vashie and his wife Surekha were partners of Countryside Investment Company, 3600 Full Moon Drive, Glendale, California, which owned The Best Western Airport Inn. They were also sole shareholders in the Countryside Management Corporation which managed The Best Western Airport Inn. John Vashie was Walker's boss. Mike Schappaugh was the resident manager. Walker reported directly to Schappaugh. (Complainant's Exhibit B)

5. Walker alleges the following incidents of harassment:

a. during scheduling work, Vashie would play "feetsies under the table, or held grab [her legs and her arms, her breasts] ... and it definitely was offensive..." T. 17-18

b. one time when she refused to go down to his office, he came up after her and insisted she go with him; he then locked the office doors and threw himself upon her and wouldn't remove himself until she threatened to scream;

c. in the dining room, he would grab her bottom as she'd go by;

d. in the office where the copy machine was located, he would come in, close the door, and grab at her "breast and things."

e. sometimes in the dining room he would comer her and not allow her to take care of customers;

f. he would follow her out to the parking lot after work;

g. he offered to buy her a car or give her money to have sex with him; he offered to set her up in an apartment and a better job in Quincy, Illinois, where he apparently owned another motel;

h. he called her at her home requesting her to meet him at a motel to "play around". This continued even after Walker quit. T. 17-26; Complainant's Exhibit C, D, G.

6. Walker had two young children at home. Vashie's persistent phone calls and demands for long hours at work (around 79 per week) interfered with her care of those children. Her son failed third grade that year. Walker became very moody and suspicious of male co-workers and suffered emotionally at what she had to go through. T. 33-35.

7. Walker reported the problem to Schappaugh, her immediate supervisor. She also told Vashie many times to quit harassing her.

8. Vashie's actions persisted and eventually, Walker didn't enjoy going to work anymore and could no longer put up with it. She quit on March 6, 1987. She discussed with Vashie the possibility of returning to work but only if he would stop demanding she have sex with him and stop harassing her. He refused to reinstate her unless she would have sex with him at least one time. She did not return to work.

9. Complainant requests damage of back pay, emotional distress, exemplary damages, costs, reasonable attorney fees and interest. T. 41-44.

At the close of Complainant's testimony, Attorney Lombardi was requested to submit a stipulation of would-have earnings of Denise Walker and a stipulation as to attorney fees incurred by this case.