ROYD JACKMAN, Complainant, and IOWA CIVIL
RIGHTS COMMISSION,
VS.
JENSEN CONSTRUCTION COMPANY, Respondent.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Complainant, Royd Jackman, is entitled to judgment because he
has established that he was subjected to racial harassment by a coworker,
that Respondent Jensen Construction Company failed to remedy the harassment,
and that Respondent constructively discharged him due to his race in violation
of Iowa Code Section 601A.6 (1987).
B. Complainant's objection to Tom Doyle's testimony is overruled.
C. The Administrative Law Judge properly excluded the testimony of Mr. O'Gorman,
Mr. Sears, and Mr. Stansbury.
D. Complainant Jackman is entitled to a judgment
of five thousand four hundred fourteen dollars and fifty-eight cents ($5414.58)
in back pay for the loss resulting from his constructive discharge by Respondent.
E. Complainant Jackman is entitled to a judgment of twenty-five thousand
dollars ($25,000.00) in compensatory damages against Respondent Jensen
Construction Company for the emotional distress he sustained as a result
of the discrimination practiced against him by the Respondent.
F. Within 15 calendar days of the date of this order, provided that agreement
can be reached between the parties on this issue, the parties shall submit
a written stipulation to the Administrative Law Judge setting forth the
method of computation and the amount of pre-judgment interest to which Complainant
is entitled on his back pay award. If the parties cannot agree on such stipulation,
they shall so notify the Administrative Law Judge in writing and submit
briefs addressing this issue to him within 30 calendar days of the date
of this order. The Administrative Law Judge shall then submit for the Commission's
consideration a Supplemental Proposed Decision and Order resolving this
issue.
G. Within 45 calendar days of the date of this order, provided that agreement
can be reached between the parties on this issue, the parties shall submit
a written stipulation stating the amount of attorney's fees to be awarded
Complainant's attorney. 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 the determining the proper amount of fees to
be awarded. If no written notice is received by the expiration of 45 calendar
days from the date of this order, the Administrative Law Judge shall schedule
a conference in order to determine the status of the attorneys fees issue
and to determine whether an evidentiary hearing should be scheduled or other
appropriate action taken. Once the full stipulation is submitted or the
hearing is completed, the Administrative Law Judge shall submit for the
Commission's consideration a Supplemental Proposed Decision and Order setting
forth a determination of attorney's fees.
H. The Commission retains jurisdiction of this case in order to (a) resolve
the issue of Complainant's prejudgment interest on his back pay, and (b)
determine the actual amount of attorneys fees to which Complainant is entitled
to under this order and to enter a subsequent order awarding interest and
attorneys fees. This order is final in all respects except for the resolution
of the prejudgment interest on Complainant's back pay and the determination
of the amount of the Complainant's attorney's fees.
I. Interest at the rate of ten percent per annum shall be paid by Respondent
to Complainant Jackman on the award of compensatory damages for emotional
distress commencing on the date this decision becomes final, either by Commission
decision or by operation of law, and continuing until date of payment.
J. Respondent Jensen Construction Company is
hereby ordered to cease and desist from any further practice of failing
to remedy instances of racial
harassment of which it is aware.
K. Respondent shall post, within 60 days of the date of this order, in
a conspicuous place at its locations and job sites, in areas readily accessible
to and frequented by employees, the notice, entitled "Equal Employment
Opportunity is the Law" which is available from the Commission.
L. The Respondent shall develop, within 120 days of the date of this
order, a proposed plan of Equal Employment Opportunity education and training
for all management personnel of the Respondent, which will include education
and training in the prevention, detection, and correction of racial harassment.
The plan shall be subject to the review and approval of the Commission.
The plan shall be implemented within 150 days of the date of this order.
M. A copy of this decision shall be provided to the Iowa Department of Transportation.
N. The Respondent shall file a report with the Commission within 210 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs K and L of this order.
Signed this the twenty first day of April, 1991.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480