RONALD E. NICOL, Complainant,

VS.

BUCHANAN COUNTY SHERIFF'S DEPARTMENT and BUCHANAN COUNTY BOARD OF SUPERVISORS, Respondents.

 

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant, Ronald Nicol, is entitled to judgment because he has established that Respondents Buchanan County Sheriff's Department and Buchanan County Board of Supervisors failed to accommodate his disability and constructively discharged him due to his disability in violation of Iowa Code Section 601A.6 (1985).

B. Respondents' motion to dismiss is denied

C. Complainant Nicol is entitled to a judgment of fifty-four thousand two hundred sixty four dollars and thirty-six cents ($54,264.36) in back pay for the period from September 11, 1985 to August 10, 1988 for loss resulting from his constructive discharge by Respondents.

D. Complainant Nicol is entitled to a further judgment of back pay in accordance with the formula set forth in Finding of Fact Number 61.

E. Complainant Nicol shall, within thirty days of the date of this order, provide to the Commission, with a copy to Respondents' attorney, an affidavit stating the date of his 55th birthday.

F. Complainant Nicol is entitled to a judgment of seven thousand five hundred dollars ($7,500.00) in compensatory damages for the emotional distress he sustained as a result of the discrimination practiced against him by Respondents.

G. Interest at the rate of ten percent per annum shall be paid by the Respondents to Complainant Nicol on all back pay commencing on the date payment would have been made if Complainant had remained in his employment with Respondents and continuing until date of payment.

H. Interest at the rate of ten percent per annum shall be paid by the Respondents to Complainant Nicol 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.

I. Respondents are hereby ordered to cease and desist from any further practices of failing to provide reasonable accommodation to or constructively discharging disabled employees.

J. Respondents shall post, within 60 days of the date of this order, in conspicuous places at their locations in Independence, 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.

K. Respondents shall require Sheriff Davis to review Iowa Code section 601A.6 of the Iowa Civil Rights Act and sections 8.26 through 8.32 of the Commission's administrative rules (161 Iowa Administrative Code § 8.26-8.32).

M. Respondents shall file a report with the Commission within 90 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs J through K inclusive of this order.


Signed this the 16th day of May, 1990.

DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480

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