BEFORE THE IOWA CIVIL RIGHTS COMMISSION

ROYD JACKMAN, Complainant, and IOWA CIVIL RIGHTS COMMISSION,


VS.


JENSEN CONSTRUCTION COMPANY, Respondent.

CP # 08-89-19079

FINAL DECISION AND ORDER AND REMAND FOR DETERMINATION OF INTEREST AND ATTORNEYS FEES

1. On May 24, 1991, the Iowa Civil Rights Commission, at its regular meeting, adopted the Administrative Law Judge's proposed decision and order, which is incorporated in its entirety in this order as if fully set forth herein with the exception that the amount of compensatory damages for emotional distress, which is stated in Finding of Fact Number 72 and in paragraph E of the Decision and Order, is reduced from the sum of twenty-five thousand dollars ($25,000) to the sum of ten thousand dollars ($10,000). The reduction was made because, when all of the evidence on this issue is considered, the later amount more accurately reflects the duration and severity of emotional distress suffered by the Complainant due to the Respondent's illegal race discrimination. This case was also remanded back to the Administrative Law Judge so the attorneys fees and interest issues may be resolved.

2. In accordance with paragraph G on page 65 of the proposed decision and order, the parties are required, "provided that agreement can be reached ... on this issue ... [to] submit a written stipulation stating the amount of attorneys fees to be awarded Complainant's attorney" within 45 calendar days of the date of this order. "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 determining the proper amount of fees to be awarded."

3. In accordance with paragraph F on page-64 of the proposed decision and order, the written stipulation on calculation of interest submitted by Respondent and Complainant shall be entered in the supplemental proposed decision and order submitted by the Administrative Law Judge.

IT IS SO ORDERED.
Signed this the 24th day of May, 1991.
Orlando Ray Dial, Chairperson
Iowa Civil Rights Commission



Copies to:

Rick Autry
Assistant Attorney General



Royd Jackman
443 South Maple
Ames, Iowa 5001 0



Jensen Construction Company
5550 N.E. 22nd Street
Des Moines, Iowa 50316



Mark W. Bennett
100 Court Avenue
Suite 403
Des Moines, Iowa 50309



John R. Phillips
Nyemaster Law Firm
1900 Hub Tower
Des Moines, Iowa 50309