MICHAEL BIGGLES (LOVELADY), Complainant,

VS.

BLACK HAWK COUNTY HEALTH CENTER

and

BLACK HAWK COUNTY BOARD OF SUPERVISORS,

Respondents.

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant, Michael Biggles, is entitled to judgment because he has established that the Respondents Black Hawk County Health Center and Black Hawk County Board of Supervisors' failure to hire him for the Nurse Aide I position was based on his perceived disability in violation of Iowa Code Section 601A.6 (1985).

B. Complainant Biggles is entitled to a judgment of five thousand eight hundred sixty-four dollars and thirty-six cents ($5864.36) in back pay for the loss resulting from the Respondents Black Hawk County Health Center and Black Hawk County Board of Supervisors' failure to hire him for the Nurse Aide I position.

C. Interest shall be paid by the Respondents to Complainant Biggles on the above award of back pay damages at the rate of ten percent per annum commencing on April 6, 1986 and continuing until date of payment.

D. Respondents are hereby ordered to cease and desist, with regard to any and all positions of employment with Respondents, from any further practice of automatically disqualifying applicants for employment on the basis of prior back injury or back surgery.

E. Respondents shall mail, within 120 calendar days of the date of this order, written notices to the last known addresses of all applicants for employment with Black Hawk County who were disqualified for employment under the pre- employment physical examination component, during the period from October 6, 1985 to the date the physical examination component was replaced by a biomechanical evaluation, which will indicate that:

1. The applicant was disqualified for employment under the pre-employment physical examination component.

2. The date of the disqualification, the position for which the applicant was disqualified, and the specific reason for the disqualification.

3. The component under which the applicant was disqualified is no longer in use and has been replaced by a biomechanical evaluation. A brief description of the biomechancial evaluation shall be included.

4. The prior disqualification is null and void.

5. The applicant may reapply for any openings for positions for which the applicant was disqualified, as well as for any other open positions for which the applicant believes he or she is qualified. If there are currently openings in the positions for which the applicant was rejected, he or she shall be notified of this fact; of the deadline, if any, for making application for the position; and shall be provided with a copy of the current job posting or job description for the position. In all cases, the persons notified shall be informed of the proper procedures to follow in order to determine current position openings, position qualification requirements, and how to apply for such positions.

6. If the applicant does reapply, he or she will be considered under current qualification standards and, if in accordance with current procedures, that the biornechanical evaluation will be administered.

F. Respondents shall mail, within 30 days of the date of this order, a press release to all newspapers, television and radio stations located within the Waterloo and Cedar Falls city limits describing the complete notification procedure outlined in paragraph E above, giving a telephone number with the Respondents to which past disqualified applicants may call for further information, and indicating that the press release is being issued as a result of this order. This press release shall be subject to the approval of the Commission. In the event, in the judgment of the Commission's representative, agreement cannot be reached on the language of the press release, the version drafted by the Commission shall be issued by Respondents. A copy of this press release shall also be posted in conspicuous places readily accessible to the public at the Respondents' personnel department and the Black Hawk County Health Center.

G. Respondents shall post, within 30 days of the date of this order, in conspicuous places at the personnel department, and at all locations of the Black Hawk County Health Care Center, in areas readily accessible to and frequented by employees, the notice, entitled "Equal Employment Opportunity is the Law" which is available from the Commission.

H. All of Respondents' future job advertising, for a two year period commencing with the date of this order, shall state "An Equal Opportunity Employer" in type no smaller than the largest type in the advertisement.

I. Respondents shall file a report with the Commission within 150 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs D through H inclusive of this order. In this report the Respondents shall also indicate the exact date on which the pre- employment physical was replaced by the biomechanical evaluation. The Respondents shall also list the names and addresses of all the persons notified in accordance with paragraph E above. Respondents shall retain copies of all notifications sent out in accordance with paragraph E above for one year from the date of mailing, and shall immediately provide copies of these notifications to the Commission on its request at any time during that period.

Signed this the 13th day of February, 1990.

DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480