BEFORE THE IOWA CIVIL RIGHTS COMMISSION
CONNIE ZESCH- LUENSE, Complainant, and IOWA CIVIL RIGHTS COMMISSION,
vs.
ROBERT PLILEY and the CHICKEN HOUSE, Respondents.
CP # 05-88-17707
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. Complainant Connie Zesch-Luense and the Iowa Civil Rights Commission are entitled to judgment because they have established that Respondents The Chicken House and Robert Pliley directed Complainant to deny service to a Native American because of his race and terminated her for her refusal to do so. These actions constitute, respectively, violations of Iowa Code Sections 601A.7 and 601A.11 (now sections 216.7 and 216.11).
B. Complainant Zesch-Luense is entitled to a judgment of one thousand one hundred thirty-seven dollars and fifty cents ($1137.50) in back pay for the loss resulting from her discharge.
C. Complainant Zesch-Luense is entitled to a judgment of two thousand dollars ($2000.00) in compensatory damages for the emotional distress she sustained as a result of the discrimination and aiding or abetting, including retaliation practiced by the Respondents.
D. Interest at the rate of ten percent per annum shall be paid by the Respondents to Complainant Zesch-Luense on her award of back pay commencing on the date payment would have been made if Complainant had remained in her employment with Respondents and continuing until date of payment.
E. Interest at the rate of ten percent per annum shall be paid by the Respondents to Complainant Zesch-Luense 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. Within 45 calendar days of the date of this order, provided that agreement can be reached between the parties on this issue, Complainant Zesch-Luense and the Respondents shall submit a written stipulation stating the amount of attorney's fees to be awarded Complainant. If any of the parties cannot agree on a full stipulation to the fees, they shall so notify the Administrative Law Judge in writing and an evidentiary hearing on the record shall be held by the Administrative Law Judge for the purpose of the determining the proper amount of fees to be awarded. If no written notice is received by the expiration of 45 calendar days from the date of this order, the Administrative Law Judge shall schedule a conference in order to determine the status of the attorneys fees issue and to determine whether an evidentiary hearing should be scheduled or other appropriate action taken. Once the full stipulation is submitted or the hearing is completed, the Administrative Law Judge shall submit for the Commission's consideration a Supplemental Proposed Decision and Order setting forth a determination of attorney's fees.
G. The Commission retains jurisdiction of this case in order to determine the actual amount of attorneys fees to which Complainant is entitled to under this order and to enter a subsequent order awarding these fees. This order is final in all respects except for the determination of the amount of the attorney's fees.
H. Respondents are assessed all hearing costs allowed by Commission Rule 4.7(3) and which were actually incurred in the processing of this public hearing. The precise calculation of costs shall be as shown on the bill of costs which is to be issued under the executive director's signature after this decision becomes final. The record shall be held open for this purpose.
I. Respondents The Chicken House and Robert Pliley are hereby ordered to cease and desist from any further practices of race discrimination in public accommodations or of aiding or abetting, including retaliation.
J. Respondents shall, within 60 days of the date of this order, at their own expense, have produced two posters, measuring eleven by fourteen inches or larger, which will be copies of the front side of the Iowa Civil Rights Commission's public accommodations mini-poster which states, in part "WELCOME . . . The Iowa Civil Rights Act of 1965 requires that every person receive full and equal service in public accommodations--without discrimination because of race, creed, color, sex, religion, national origin, or physical or mental disability." These two posters shall be placed in two separate but conspicuous positions in the bar and restaurant areas in Respondents' location at The Chicken House in Albion, Iowa, where they will be readily visible to and easily read by customers and potential customers visiting the establishment.
K. Respondents 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, I and J inclusive of this order.
Signed this the 9th day of August 1994.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50309
515-281-4480