Profiles of Some Successful Cases
Overview: Brief outlines of seven complaints or cases which were settled
by the Iowa Civil Rights Commission follow, as a means of illustrating the
diverse nature of the cases studied and acted upon by the Commission. These
seven complaints or cases represent a cross section of compliance matters
resolved by the Commission. In these complaints or cases, the aggrieved
party received remedy under the law, and public policy was clarified regarding
discriminatory practices in matters of employment, housing, and places of
public accommodations.
Negro Fireman on the Job: A Negro applied for a city job as fireman in the
fall of 1966. After passing the written examination, he failed the physical,
reportedly because of a high albumin content in his blood. Having easily
passed physicals in the military service and on his present job, he then
went to another doctor where he passed the same type of examination. Charging
discrimination in the official physical examination, he filed a formal complaint
with the Iowa Civil Rights Commission against the city's Board of Fire Pension
Trustees, which certifies the results of physical examinations taken by
applicants for firemen slots. Upon the Commission's urging, he applied for
a fireman slot at the next application date in the spring of 1967. This
time he passed both the written and physical examinations, but failed the
oral examination administered by the city Civil Service Commission.
With the issue of the physical examination now moot, he withdrew his earlier
complaint and filed a new one -- this time against the city Civil Service
Commission. Following an Iowa Commission finding of "probable cause"
in the discriminatory charge, numerous attempts at conciliation were made.
When all of them failed, a public hearing was convened. A recess in that
hearing was called, upon the request of the Civil Service Commission which
offered to conciliate further. Later, the Negro's name was certified to
the city fire department by the city Civil Service Commission after corroboration
of the positive character reference of the applicant. This was made possible
through a thorough investigation of the applicant's background by the Iowa
Civil Rights Commission. He has been on the job as a fireman since August
of 1967.
Housing Conciliation Agreement: A Negro was refused an apartment in a suburban
community. He later found suitable housing elsewhere and withdrew his formal
complaint. Thereupon, a Commission charge was filed. A scheduled public
hearing on the matter was halted by a temporary injunction obtained in the
district court. The subsequent ruling on the request for a permanent injunction
upheld the right of the Commission to hold a public hearing. Last-minute
conciliation efforts were successful on the eve of the newly-scheduled public
hearing. The terms of that conciliation agreement included a formal statement
that the (respondent) corporation's policy unequivocally is "nondiscriminatory
with respect to selection of tenants;" and that such statement must
be used in "any or all newspaper, radio or television advertisements
used or issued by the corporation" during the next year. Moreover,
the corporation must report at least monthly to the Commission "on
all actions taken by (it) with respect to non-white tenant applicants."
Indirect Employment Benefits: An allegedly discriminatory job order from
a manufacturing plant to a local Employment Service office in a large city
was referred to the Commission by the Iowa State Employment Service. A Negro
applicant was referred on the telephone by the Employment Service interviewer,
but her appointment was delayed for several days apparently after the company's
personnel off ice became suspicious that the applicant was non- white. Two
days later -that is, before the Negro applicant's interview -- the position
(as a key-punch operator) was filled by a white.
A Commission charge was filed against the company after the preliminary
investigation indicated the possibility of illegal employment policies,
viz. the alleged discriminatory job order. Following the Commission's
conciliatory efforts, the company hired the woman as a blueprint machine
operator,: noting that she has "the qualifications to do a satisfactory
job in this capacity." Moreover, the company stated in writing to the
Commission: "If and when an opening arises in our key- punch department,
we will give (her) first
consideration for that position."
Interracial Couple Stay in Hotel: A Negro man and his white wife were not
allowed to register at a hotel in a large city. Immediate investigation
of the matter indicated that the hotel apparently had a policy of catering
to both whites and non-whites, but not to mixed couples. The Commission
investigator explained to the manager that the refusal to rent constituted
a violation of the law. He pointed out, furthermore, some of the possible
consequences for a place of public accommodation. The manager agreed to
adopt a new policy in complete compliance with the law, and to give the
couple a room. The couple stayed in that hotel that night, and then resumed
their trip to California the next day.
Foreign Resident Offered Housing: An African foreign visitor, who was commuting
from Ames, experienced considerable difficulty in his attempt during the
summer of 1967 to find housing in Des Moines. A native of Nigeria, he went
to work for a state agency following the completion of his masters degree
at Iowa State University. A formal complaint was brought by the Commission
against the owners and manager of an apartment house after the manager there
informed the Negro, in the presence of the Commission's compliance director,
that he had been instructed by the owners not to show or rent apartments
to Negroes. Following a conciliatory meeting with the Commission, the owners
stated in writing that their policy is to, rent to any person who is "gainfully
employed," and who does not have small children or create a commotion
in the building through disorderly conduct. They added that they believed
that their manager understood this policy now, and that they would "correct
the situation" if he or any future custodian discriminates against
prospective renters due to "their race, religion or beliefs."
The apartment was then offered to the individual. He decided against taking
the apartment, preferring instead to continue to live in Ames, where his
future bride was attending the university.
"Weekday-Only" Tavern Visits: On a Saturday evening, two Negroes
were denied admittance by the doorman to a tavern in a middle-sized Iowa
city. Apparently that establishment had a policy of serving Negroes during
the week but not on Friday and Saturday nights. The owner took lightly the
two formal complaints and formal Commission investigation until his attorney
advised him of the seriousness of the alleged offense. Finally admitting
that discrimination based upon race had occurred, the owner took the following
action as part of the conciliation agreement. First, he apologized in writing
to the two individuals and "cordially" invited them to visit his
establishment "any time" they desire. Moreover, he assured the
Commission in writing that he had "taken steps to make sure that this
does not happen again."
Admittance to a Side Show: A Negro was denied admittance to a go-go girl
concession show playing at a county fair in a small city. Following the
filing of a formal complaint, the Commission investigation determined that
there was no way to resolve the conflicting stories about the incident.
However, the respondents (the general manager of the show company and the
owner of the side show) jointly signed this statement of future policy:
"It is our policy to serve all patrons regardless of race, creed, color,
national origin, or religion provided that they conduct themselves in an
orderly manner." The respondents play many fairs in Iowa, and the statement
of nondiscriminatory policy applies to all future shows in the state. In
addition, the complainant was invited to attend the show.