DOROTHY A. ABBAS, Complainant,

and

IOWA CIVIL RIGHTS COMMISSION

vs.

CITY OF HAMPTON, Respondent.

 

Findings of Fact continued:

 

Remedies: Back Pay and Benefits:

Back Pay and Benefits After Deduction of Interim Earnings, and Unemployment Insurance Benefits:

94.

Back Pay:

Gross Salary Minus Interim Earnings (Incorporating 4% Annual Raises Through 6/30/91):

October 31, 1988 to June 30, 1989 = [(Gross Salary) - (Interim Earnings)] = [35 weeks X 40 hour/week X $6.548/hour) -(35 weeks X 20 hour/week X $5.50/hour)] = [$9167.20 - $3850.00)] = $5317.20.

July 1, 1989 to June 30, 1990 = [(52 weeks X 40 hour/week X $6.81/hour) - (52 weeks X 20 hour/week X $5.72/hour)] = [$14164.80 - $5948.80] = $8216.00.

July 1, 1990 to December 30, 1990 = [(26 weeks X 40 hour/week X $7.08/hour) - (26 weeks X 20 hour/week X $5.95/hour) = [$7363.20 - $3094.00] = $4269.20.

January 1, 1991 to June 30, 1991 = [(26 weeks X 40 hour/week X $7.08/hour) -(606.25 hours X $5.95/hour) = [$7363.20 - $3607.19] = $3756.01

July 1, 1991 to January 1, 1993 = [(79 weeks X 40 hour/week X $7.46/hour) - (79 weeks X 20 hour/week X $6.27/hour)] = [$23573.60 - $9906.60] = $13667.00. Note: This reflects the 5.37% increase from $5.95 to $6.27. Since increases appear to have been across the board, this increase is also applied to the full-time position.

Gross Salary Less Interim Earnings October 31, 1988 to January 1, 1993 = $5317.20 + $8216.00 + $4269.20 + $3756.01 + $13667.00 = $35225.41.

Gross Salary Less Interim Earnings and Unemployment Benefits October 31, 1988 to January 1, 1993:

Total Unemployment Benefits =  
Calendar Year 1988 $ 495.00
Calendar Year 1989 $ 4367.00
Calendar Year 1990 $ 2173.00
Calendar Year 1991
and beyond $ 0.00
TOTAL: $7035.00

 

[(Gross Salary Less Interim Earnings) - (Unemployment Benefits)] = [$35225.41 - $7035.00] = $28190.41 Back Pay From October 31, 1988 to January 1, 1993. (Int. # 4; R. EX. # 1; CP. EX. # 25; Tr. at 42, 43, 44, 83, 128).

Benefits:

95.

Benefits October 31, 1988 to June 30, 1989:

Paid Holidays:

1988: All Holidays Used or Paid: $ 0.00

1/1/89 - 6/30/89 Approximately

4.5 holidays X $52.38 per day =

$ 235.71
Total Paid Holidays to 06/30/89 = $ 235.71

Paid Vacation:

1988: All Vacation Paid: $ 0.00

1/1/89 - 6/30/89 Approximately

7.5 Vacation Days X $52.38 per day =

$ 392.85
Total Vacation to 06/30/89 = $ 392.85

Health Insurance Premiums:

10/31/88 - 06/30/89 =

$316.00/month X 8 mos. =

$ 2528.00

Disability Insurance Premiums:

10/31/88 - 06/30/89 =

$205.68/year X .667 year =

$ 137.19

Employer IPERS Contributions:

10/31/88 - 06/30/89 =

$783.15/year X .667 year =

$ 522.36

Employer FICA Contributions:

10/31/88 - 06/30/89 =

$608.16/year X .667 year =

$ 405.64

Longevity Pay:

10/31/88-01/01/89 =

$65.00/month X 2 mos. =

$ 130.00

01/01/89 - 06/30/89 =

$70.00 X 6 mos. =

$ 420.00
  $ 580.00

Total Benefits October 31, 1988 to June 30, 1989 = $235.71 + $392.85 + $2528.00 + $137.19 + $522.36 + $405.64 + $580.00 = $4801.75 (Int. # 4; Tr. at 43-45).

96.

Benefits July 1, 1989 to June 30, 1990:

Paid Holidays:

7/01/89 - 12/30/89 Approximately

4.5 holidays X $6.81/hour X 8 hour/day =

$245.16

01/01/90-6/30/90 Approximately

5 holidays X $6.81/hour X 8 hour/day =

$272.40
Total Paid Holidays 7/01/89 - 6/30/90 = $517.56

Paid Vacation:

7/01/89 - 12/30/89: 7.5 Vacation Days X $6.81/hour X 8 hour/day = $408.60
01/01/90 - 6/30/90 10 Vacation Days X $6.81/hour X 8 hour/day = $544.80
Total Vacation 7/01/89 - 6/30/90 = $953.40

Health Insurance Premiums:

07/01/89 - 06/30/90 =

$331.66/month X 12 mos. =

$3979.92

Disability Insurance Premiums:

07/01/89 - 06/30/90 =

$205.68/year =

$ 205.68

Employer IPERS Contributions:

07/01/89 - 06/30/90 =

$783.15/year =

$783.15

Employer FICA Contributions:

07/01/89 - 06/30/90 =

$608.16/year =

$608.16

Longevity Pay:

07/01/89 - 12/30/89 =

$70.00/month X 6 mos. =

$420.00

01/01/90 - 6/30/90 =

$75.00/month X 6 mos. =

$450.00
  $870.00

Total Benefits July 1, 1989 to June 30, 1990 = $517.56 + $953.40 + $3979.92 + $205.68 + $783.15 + $608.16 + $870.00 = $7917.87. (Int. # 4: Tr. at 43-45).

97.

Benefits July 1, 1990 to June 30, 1991:

Paid Holidays:

7/01/90 - 12/30/90 Approximately

5 holidays X $7.08/hour X 8 hour/day =

$283.20
01/01/91 - 06/30/91 Approximately 5 holidays X $7.08/hour X 8 hour/day = $283.20
Total Paid Holidays 7/01/90 - 6/30/91 = $566.40

Paid Vacation:

7/01/90 - 12/30/90: 10 Vacation Days X $7.08/hour X 8 hour/day = $566.40
01/01/91 - 6/30/91 10 Vacation Days X $7.08/hour X 8 hour/day = $566.40
Total Vacation 7/01/90 - 6/30/91 = $1132.80

Health Insurance Premiums:

07/01/90 - 06/30/91 =

$374.74/month X 12 mos. =

$4496.88

Disability Insurance Premiums:

07/01/90 - 06/30/91 =

$205.68/year =

$ 205.68

Employer IPERS Contributions:

07/01/90 - 06/30/91 =

$783.15/year =

$783.15

Employer FICA Contributions:

07/01/90 - 06/30/91 =

$608.16/year =

$608.16

Longevity Pay:

07/01/90 - 12/30/90 =

$75.00/month X 6 mos. =

$450.00

01/01/91 - 6/30/91 =

$80.00/month X 6 mos. =

$480.00
  $930.00

Total Benefits July 1, 1990 to June 30, 1991 = $566.40 + $1132.80 + $4496.88 + $205.68 + $783.15 + $608.16 + $930.00 = $8723.07. (Int. # 4: Tr. at 43-45).

98.

Benefits July 1, 1991 to January 1, 1993:

Paid Holidays:

7/01/91 - 12/30/91 Approximately

5 holidays X $7.46/hour X 8 hour/day =

$298.40
01/01/92 - 01/01/93 Approximately 10 holidays X $7.46/hour X 8 hour/day = $596.80
Total Paid Holidays 7/01/90 - 6/30/91 = $895.20

Paid Vacation:

7/01/91 - 12/30/91: 10 Vacation Days X $7.46/hour X 8 hour/day = $596.80
01/01/91 - 01/01/93 20 Vacation Days X $7.46/hour X 8 hour/day = $1193.60
Total Vacation 7/01/91 - 01/01/93 = $1790.40

Health Insurance Premiums:

07/01/91 - 01/01/93 =

$420.08/month X 18 mos. =

$7561.44

Disability Insurance Premiums:

07/01/91 - 01/01/93 =

$205.68/year X 1.5 yrs.=

$ 308.52

Employer IPERS Contributions:

07/01/91 - 01/01/93 =

$783.15/year X 1.5 yrs. =

$1174.73

Employer FICA Contributions:

07/01/91 - 01/01/93 =

$608.16/year X 1.5 yrs. =

$912.24

Longevity Pay:

07/01/91 - 12/30/91 =

$80.00/month X 6 mos. =

$480.00

01/01/92 - 01/01/93 =

$85.00/month X 12 mos. =

$1020.00.
  $1500.00

Total Benefits July 1, 1991 to January 1, 1993 = $895.20 + $1790.40 + $7561.44 + $308.52 + $1174.73 + $912.24 + $1500.00 = $14142.53. (Int. # 4: Tr. at 43-45).

99. Total Benefits From October 31, 1988 to January 1, 1993 = $4801.75 + $7917.87 + $8723.07 + $14142.53 = $35585.22. See Findings of Facts Nos. 95-98.

TOTAL BACK PAY AND BENEFITS FROM OCTOBER 31, 1988 TO JANUARY 1, 1993 = [(BACK PAY) + (BENEFITS)] = [($28190.41) + ($35585.22)] = $63775.63.

 

Findings of fact continued