BEFORE THE IOWA CIVIL RIGHTS COMMISSION

RUTH MILLER (CLAY), Complainant,

VS.

PAGE COUNTY SHERIFF'S DEPT., PAGE COUNTY BOARD OF SUPERVISORS, PAGE COUNTY GRIEVANCE REVIEW BOARD, and RON FRANKS, SHERIFF, Respondents.


DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

 

A. The Complainant, Ruth Miller, is entitled to judgment because she has established that the denial of a rotating shift in May 1985; the reprimand of June 24, 1985; the denial of assignment to the day shift for the first week of July 1985; the refusal of the day shift jailer position; the creation of a hostile working environment and the failure to remedy same; and her discharge constituted sex discrimination and retaliation, as set forth in the findings of fact and conclusions of law, by Respondents Ron Franks, Sheriff; the Page County Sheriff's Department; the Page County Board of Supervisors; and the Grievance Review Board, in violation of Iowa Code Sections 601 A.6 and 601 A. 11.

B. Complainant Miller is entitled to a judgment of fourteen thousand six hundred fifty-two dollars ($14,652.00) in compensatory damages against the Respondents for the emotional distress she sustained as a result of the discrimination practiced against her by the Respondents.

C. Interest shall be paid by the Respondents to Complainant Miller on the above award of compensatory damages at the rate of ten percent per annum commencing on the date this decision becomes final, whether by Commission decision or by operation of law, and continuing until date of payment.

D. Respondents are hereby ordered to cease and desist from any further practices of sex discrimination and retaliation in employment as set forth in the findings of fact and conclusions of law.

E. Respondents shall post, within 60 days of the date of this order, in conspicuous places at their locations in Clarinda, Iowa, in areas readily accessible to and frequented by employees, the notice, entitled "Equal Employment Opportunity is the Law" which is available from the Commission.

F. Respondents shall develop a written policy on sexual harassment which shall include an effective grievance procedure. An example of such a policy is attached to this decision as Exhibit "A." This policy shall be completed within 120 days of the date of this order. This policy shall be subject to the approval of the Commission. In the event, in the sole judgment of the Commission's representative, agreement cannot be reached on the language of such policy, the version drafted by the Commission shall be adopted by Respondents. A copy of this policy shall be issued to each employee of Respondents within 150 days of the date of this order. At that time, a copy of the policy shall also be posted in conspicuous places readily accessible to employees and the public at the Page County Courthouse.

G. The Respondents shall develop a proposed plan of education and training for all management personnel of Respondents, which will include education and training in the prevention, detection, and correction of sexual harassment, within 120 days of the date of this order. This 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.

H. Respondents shall develop a set of written personnel policies for the Page County Sheriff's Department which shall include detailed objective procedures on scheduling, promotion, discipline and discharge. These policies shall be completed within 150 days of the date of this order. These policies shall be subject to the review and approval of the Commission. In the event, in the sole judgment of the Commission's representative, agreement cannot be reached on the language of such policies, the version drafted by the Commission shall be adopted by Respondents. A copy of these policies shall be issued to each employee of the Page County Sheriff's Department within 180 days of the date of this order. At that time, a copy of the policy shall also be posted in conspicuous places readily accessible to employees and the public at the Page County Sheriff's Department.

I. A copy of this decision shall be provided to the Iowa Department of Management.

J. Respondents 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 E through H inclusive of this order. This report shall include copies of all policies, postings, and plans required by this order.




Signed this the 22nd day of September.



DONALD W. BOHLKEN
Administrative Law Judge

Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480

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