DEBRA S. HOFFMAN, Complainant,

and

IOWA CIVIL RIGHTS COMMISSION

vs.

MAMA LACONA'S - WEST, JIM LACONA, and JOEL LOPEZ, Respondents.

 

SUMMARY*

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Debra S. Hoffman against the Respondents Mama Lacona's-West, Jim Lacona, and Joel Lopez. Ms. Hoffman alleges (a) sex discrimination in employment and (b) retaliation for lawfully opposing sex discrimination.

Complainant Debra Hoffman, a female, alleges that she was subjected to sexual harassment by Respondent Joel Lopez and other co-workers. She alleges that Respondents Mama Lacona's-West and Jim Lacona were aware of this harassment, but did not end it. She also alleges retaliation in her amended complaint. She believes she was discharged by Respondent Mama Lacona's-West due to her lawful opposition to sexual harassment.

A public hearing on this complaint was held on October 24-25, 1995 before the Honorable Donald W. Bohlken, Administrative Law Judge, at Room 19 of the Iowa State Capitol Building in Des Moines, Iowa. The Respondents Mama Lacona's-West and Jim Lacona were represented by Douglas A. Fulton, Attorney. The Respondent Joel Lopez did not appear and was not represented. The Iowa Civil Rights Commission was represented by Teresa Baustian, Assistant Attorney General. The Complainant, Debra Hoffman, was represented by James J. Beery and Thomas D. McMillen.

The Commission's Brief was received on December 11, 1995. The Respondent's Brief was received on December 12, 1995.

The Commission proved Complainant Hoffman's allegations of sexual harassment against Respondents Mama Lacona's-West, Jim Lacona and Joel Lopez by establishing:

a. that she is a female and is therefore a member of a class protected against sex discrimination;

b. that she was subjected to harassment by Respondent Lopez and other employees of Respondent Mama Lacona's-West. This was adverse conduct which she regarded as uninvited and offensive and which any reasonable person would regard as offensive;

c. that this harassment was based upon her sex, i.e. because she is female;

d. that this harassment created a hostile or abusive work environment; and,

e. that Respondent Mama Lacona's-West, through its agents and managers, including but not limited to Respondent Jim Lacona, knew or should have known of the harassment and failed to take prompt, appropriate, and effective remedial action

 

The Commission proved Complainant Hoffman's allegations of retaliatory discharge under the circumstantial evidence method of proof. It established a prima facie case by proving: (a) that Complainant Hoffman took action to lawfully oppose sexual harassment while employed at Mama Lacona's-West; (b) that Complainant Hoffman was discharged from Mama Lacona's-West; and; (c). that there is a causal link between her discharge and her lawful opposition to the retaliation. That link was established by (1) the close proximity in time between her opposition and the discharge, (2) the atmosphere of condoned sexual harassment which increases the likelihood of retaliation for opposition to harassment; (3) the failure by Mama Lacona's to follow usual procedures with respect to complaints about rudeness by food servers when such a complaint was made against Hoffman, and (4) false testimony by managers to the effect they were not aware of Complainant's opposition to harassment.

The employer rebutted the prima facie case by introducing evidence articulating a legitimate, non-discriminatory reason for the discharge, i.e. that she was rude to a customer.

This reason, however, was shown by the evidence to be a pretext for retaliation. This included evidence indicating that the practices and procedures normally or purportedly followed by Respondent with respect to complaints of rudeness were not followed with the Complainant. The evidence also indicates that Complainant's conduct with respect to this reason, and a different reason provided her at time of discharge, was punished more severely than similar or worse conduct by other employees.

Other evidence of pretext included the employer providing inconsistent reasons for Complainant's discharge at the time of her discharge and at hearing. In addition, the numerous weaknesses, implausibilities, inconsistencies, incoherencies, and contradictions in management's testimony concerning the discharge and related events support a finding that the reason given for Complainant's discharge is unworthy of credence. The ultimate finding of discrimination is supported by the combination of the inference of discrimination remaining from the prima facie case and the finding that the purported reason for discharge is not credible.

Remedies awarded include $2773.77 in back pay, premiums for medical insurance, $20000.00 for emotional distress damages resulting from sexual harassment, and $7500.00 for emotional distress damages resulting from retaliatory discharge.

*This summary is provided as an aid to understanding the decision. It is not part of the findings of fact and conclusions of law.

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