SHERRY WILLIAMS, Complainant,

VS.

HISKEY APARTMENTS and EUGENE HISKEY, Respondents

REMEDIES

When an unfair or discriminatory practice is determined, Iowa Code section 601A. 15(8)(1983), requires an order that a Respondent cease and desist from the practice. Such an order should be made.

Iowa Code section 601A.15(8)(1983) further requires a respondent to take remedial action necessary to carry out the purposes of Chapter 601A. Respondent should be establish a written policy of nondiscrimination to be approved by the Commission and which should be posted in his office and made known to his employees. All future ads for employment should contain a statement of nondiscrimination.

Remedial action under Iowa Code Chapter 60 1 A attempts to "make whole" a victim of discrimination and permits an award of damages to restore the victim to the position she would have been in had the discriminatory act not occurred. See Foods, Inc. v Iowa Civil Rights Commission, 318 N.W.2d 162,171 (Iowa 1982).

Complainant is currently working for Manpower accepting temporary assignments. If there is an opening for a general manager or similar position with Respondent during the year 1988, Complainant shall be given first opportunity for that job. Should she refuse, further opportunity is not required. Complainant shall keep Respondent informed as to her address.

Respondent shall pay Sherry Williams back pay for 1983 in the amount of $3,558.00 ($14,000 / 12 = $1166.666 month for months July through December 1983, less earnings of $3,442.00) plus 10% interest per annum from the date of filing the complaint (6-20-83) until paid in full. In years 1984, 1985, and 1986, Williams earned more than evidence shows she would have earned had she been hired by Hiskey. She also voluntarily quit her job with the State of Iowa. Back pay would cease when she found comparable paying work with the State.

Evidence does not support an award of damages for emotional distress.