ROBERT E. SWANSON, Complainant

VS.

PROPOSED DECISION AND ORDER

LEE DAHL MOTORS, Respondent.

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Robert E. Swanson against the Respondent Lee Dahl Motors alleging discrimination on the basis of age in employment.

Mr. Swanson alleges that the Respondent ran a newspaper advertisement specifying age as a qualification for employment and subsequently failed to interview or hire him for the position of salesperson because of his age. These are the sole allegations of discrimination in his complaint.

A public hearing on this complaint was held on June 7, 1989 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Community Center at 512 Tenth Street in De Witt, Iowa. The Complainant, Robert E. Swanson, was represented by Kary Love, Attorney at Law. The Respondent was represented by Daniel J. Condon, Attorney at Law. The Iowa Civil Rights Commission was represented by Rick Autry, Assistant Attorney General.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code SS 17A.16(l) (1989). The findings of fact are required to be based solely on evidence in the record and on matters officially noticed in the record. Id. at 17A.12(8). Each conclusion of law must be supported by legal authority or reasoned opinion. Id. at 1 7A. 16(1 ).

The Iowa Civil Rights Act requires that the existence of age discrimination be determined in light of the record as a whole. See Iowa Code S 601A.15(8) (1989). Therefore, all evidence in the record and matters officially noticed have been carefully reviewed. The use of supporting transcript and exhibit references should not be interpreted to mean that contrary evidence has been overlooked or ignored.

In considering witness credibility, the Administrative Law Judge has carefully scrutinized all testimony, the circumstances under which it was given, and the evidence bolstering or detracting from the believability of each witness. Due consideration has been given to the state of mind and demeanor of each witness while testifying, his or her opportunity to observe and accurately relate the matters discussed, the basis for any opinions given by the witness, whether the testimony has in any meaningful or significant way been supported or contradicted by other testimony or documentary evidence, any bias or prejudice of each witness toward the case, and the manner in which each witness will be affected by a particular decision in the case.