PUBLIC HEARINGS

 

Administrative Hearing Officers

The Administrative Hearing Officers preside over administrative hearings for the Iowa Civil Rights Commission, and render findings of fact and conclusions of law. These hearings are held statewide in accordance with the provisions of the Iowa Administrative Procedures Act for contested cases. Additionally, the Administrative Hearing Officers assist in the rulemaking process and handle special assignments not inconsistent with hearing officer duties.

Barbara Snethen

Barbara Snethen became the first permanent hearing officer for the Iowa Civil Rights Commission when she started with the agency in August of 1977.

Ms. Snethen, a native of Urbandale, earned her Bachelor of Science degree in political science from Iowa State University in 1973 and, her law degree from Drake in 1977.

From 1973-1976 Ms. Snethen held the position of Executive Director for the Campaign Finance Disclosure Commission. During 1976-1977, Ms. Snethen was employed by the Public Employee Relations Board as an elections agent conducting collective bargaining elections for the State.

During the 1979 fiscal year, Ms. Snethen served as treasurer of the Polk County Women Attorneys, a member of the Iowa Association of Administrative Hearing Officers, Secretary of the National Association of Administrative Hearing Officers, and a member of the Polk County, the Iowa, and the American Bar Association.

 

William Stansbery

Mr. Stansbery came to the Iowa Civil Rights Commission on January 22, 1979, under a specially funded contract through the Equal Employment Opportunity Commission. Prior to his employment with the Commission, he had been employed as a staff attorney for the Hawkeye Legal Aid Society of Iowa City, during 1974 and 1975. He also had been a staff attorney with Dubuque Area Legal Services from 1976 through 1978.

Mr. Stansbery earned his Bachelor of Arts degree from the University of Iowa in 1971 and his Juris Doctorate degree from the University of Iowa in 1973. He is currently a member of the Iowa State Bar Association and the Iowa Association of Administrative Hearing Officers,

H. Edwin Detlie

Mr. Detlie earned his Bachelor of Arts degree from Simpson College in History and Political Science (1972). He attained his Juris Doctorate degree from the George Washington University in Washington, D.C. and was admitted to the Iowa Bar in January of 1976.

On January 15, 1979, Mr. Detlie came to the Iowa Civil Rights Commission from the Iowa Department of Job Service. He had a] so been employed for Job Service in the capacity of an Administrative Hearing Officer. Prior to his two years in this position he had worked for a year in private practice.

Mr. Detlie is a member of the Iowa State Bar Association, the Polk County Bar Association, the Iowa Association of Administrative Hearing Officers, and the National Association of Administrative Hearing Officers. He is currently an Iowa delegate to the national convention of the National Association of Administrative Hearing Officers and has been a member of the Coordinating Committee for the Third Annual Institute of Administrative Law Sponsored by the Iowa Association of Administrative Hearing Officers.

 

Assistant Attorney Generals

 

Ray Perry

Mr. Perry is a native of Davenport, Iowa. He was appointed Assistant Attorney General assigned to the Iowa Civil Rights Commission in September of 1977. He earned his Bachelor of Arts degree in history education from the University of Iowa (1971). Related course work included sociology, political science and economics. Mr. Perry also earned his law degree from the University of Iowa in May of 1975 and was admitted to the Bar in June of that year.

Mr. Perry brought a variety of experience to his present position. Prior to attending law school, he was a talk show host for WLOL (Minneapolis) and has also hosted talk radio on WHO (Des Moines). During the summer after his admission to the Bar, Mr. Perry did criminal prosecutions as Assistant County Attorney in Dickinson County, Iowa. He was Director of Muscatine Legal Services in 1975 and 1976, and pursued his own private law practice for a time prior to appointment as Assistant Attorney General.

Mr. Perry is a member of the NAACP, NARAL, and is an active welfare rights advocate.

Shirley Steele

Ms. Steele was appointed Assistant Attorney General assigned to the Iowa Civil Rights Commission in February, 1977. She is formerly from Salisbury, North Carolina, where she earned her Bachelor of Arts degree in sociology (cum laude) from Livingstone College (1974). She attained her law degree from Drake University in 1976.

Ms. Steele has been a Commissioner for the Iowa Commission on the Status of Women since June of 1978. She is a member of the Iowa State Bar Association, the Phi Alpha Delta Legal Fraternity, the Polk County Women's Bar Association and the NAACP Legal Redress Committee.

Ms. Steele left the Iowa Civil Rights Commission in October of 1978 to enter private practice.

Victoria Herring

Ms. Herring was assigned to the Iowa Civil Rights Commission as an Assistant Attorney General on January 6, 1979. She completed her undergraduate work at Beloit College, Beloit, Wisconsin where she received a Bachelor of Arts degree in government. Ms. Herring received her Juris Doctorate degree from Drake University in 1976 and has also attended the American University, Center for the Administration of Justice, Washington, D.C.

Ms. Herring worked several years in private practice prior to accepting her position on the Attorney General's staff. She has also been employed as a Law Clerk with a private law firm as well as with the Iowa Attorney General's Office, Special Prosecutions Division.

Some of Ms. Herring's affiliations and achievements include the Chairperson for the Continuing Legal Education Committee of the Iowa State Bar Association, Chairperson of the Polk County Women Attorney's Association, and a member of the Iowa and American Bar Associations. Ms. Herring has also been honored in Outstanding Young Women in America for 1978 & 79, and has published several articles in The Iowa Trial Lawyer and the Drake Law Review.

 

Mark Landa

Mark Landa is a senior law student at Drake University. He began at the Commission on June 8, 1979 as a Law Clerk and has primarily assisted the Assistant Attorney Generals assigned to the Iowa Civil Rights Commission.

Mr. Landa completed his undergraduate work at the College of St. Thomas in St. Paul, Minnesota. While at St. Thomas he was a candidate for the Fulbright Scholarship. Presently he is a member of the Iowa Student Bar Assn.

The following is a complete list of all Iowa Civil Rights Commission's cases that went to public hearing, state district court and Iowa Supreme Court during fiscal year 1979. The reader will find a more in-depth presentation of many of these cases in up-dated Iowa Civil Rights Commission Case Reports available from the Commission.

 

HEARINGS BEFORE THE COMMISSION IN FISCAL YEAR 1979

Case Basis/Area of Jurisdiction Allegation
Elmer Reiders vs. City of Orange City Age/Employment Discriminatory failure to hire
Daryl Daniels vs. Sioux City Electrical Apprenticeship & Training Committee Race/Employment Discriminatory drop from program
Caracci (Luis) Guzman vs. Churchill Truck Lines National Origin/Employment Discriminatory failure to hire
Evaline May Jones vs. Indian Hills Community College Sex/Employment Discrimination in terms & conditions of employment
Boni Johnson Markve vs. City of Akron Sex/Employment Discriminatory failure to hire
Sharon Thomas vs. People's Memorial Hospital Sex/Employment Discrimination in terms & conditions of employment
Theresa Cain Harkin vs. Foods, Inc. d/b/a Dahl's Physical Disability/Employment Discriminatory termination
Mary Berdell vs.Black Hawk County, Department of Court Services and Sheriff s Department Race/Physical Disability/Employment Discriminatory terms and conditions of employment
Robert A. Versteegh vs. Iowa Southern Utilities Physical Disability/Age/Employment Motion to re-open record
Sheryl Arnett vs. AMF Lawn & Garden Division Sex/Employment Discriminatory termination
Connie Clark vs. Iowa State Fairgrounds Sex/Employment Discriminatory termination
Taft Miller, et al vs. Midwestern Millmen District Council of the United Brotherhood of Carpenters & Joiners of America AFL-CIO Local 937 Age/Employment Discrimination in employee benefits. Virl Hurst, Lorenzo Rundle and Vincent Neyen were also aggrieved parties.
Jean Ahart vs. Farmland Foods Sex/Employment Discriminatory termination
Norman W. George vs. Clinton Corn Processing Physical Disability/Employment Hearing on procedural issues only
Mary Quigley vs. Linn Cooperative Oil Co. Sex/Employment Discriminatory termination (Hearing pursuant to district court remand)
Linda McKeever Bullard vs. Polk County, County Attorneys Office Sex/Employment Discriminatory failure to hire
George Haverkorn vs. Eska Company, Inc. Age/Employment Discriminatory lay off
Lola (Billington) Schmitt vs. City of Cresco, Police Department Sex/Employment Discriminatory termination
Patimah Hasan Fouts vs. Ford Marketing Corp. Sex/Employment Discriminatory failure to hire (Hearing held pursuant to Commission remand for taking of further evidence)

 

ICRC DECISIONS RENDERED IN FISCAL YEAR 1979

Case Basis/Area of Jurisdiction Comment
Hazel Famum vs. Hoemer Waldorf Co. Physical Disability/Employment Discrimination in termination
Mary Ann Garrigan vs. Woodbury County Community Action Agency Sex/Employment Discrimination in failure to hire
Linda Davis vs. Bookey Packing Co. Sex/Employment Discrimination in termination
Linda Winston vs. Woodbury County Community Action Agency Race/Employment Discrimination in failure to interview
Wanda McLaughlin vs. Deluxe Products - Division of Walker Mfg. Co. Sex/Employment Discriminatory failure to hire & denial of benefits (decision now under reconsideration)
Elmer Reinders vs. City of Orange City Age/Employment Discriminatory failure to hire
Caracci (Luis) Guzman vs. Churchill Truck Lines National Origin/Employment No discrimination in failure to hire
Boni Johnson Markve vs. City of Akron Sex/Employment Discriminatory failure to hire
Sister Annette Walters vs. St. Ambrose College Sex/Age/Employment Discrimination in failure to grant sabbatical & forced retirement

 

CASES TREED IN DISTRICT COURT IN FISCAL YEAR 1979

Case Basis/Area of Jurisdiction Comment
Mary Ann Garrigan vs. Woodbury County Community Action Agency (WCCAA vs. ICRC) Sex/Employment Appeal from Commission finding of sex discrimination. District Court reversed, appealed to Supreme Court
Linda Davis vs. Bookey Packing Company (Bookey Packing Co. vs. ICRC) Sex/Employment Appeal from Commission finding of sex discrimination, awaiting decision
Merle Peterson vs. ICRC Race/Employment Appeal of no probable cause finding. Peterson, a white male, alleged discrimination based on preferential hiring pursuant to a bona fide affirmative action plan. Awaiting decision.
Margaret Rayburn vs. Clayton Christensen, and Rotary Int'l (Rotary & Christensen vs. ICRC) Sex/Public Accommodations Challenge to agency jurisdiction over discovery, appealed to Supreme Court
Thomas J. Miller, Attorney Gen'l of Iowa and Linda Eaton vs. Iowa City Fire Dept. Sex/Employment ICRC sought injunction to stop city from terminating Ms. Eaton for breastfeeding, pending an investigation by the Commission
Mohammad Rosalkhani vs. Royal Acres Mobile Home Court Religion/National Origin/Housing Court refused to issue permanent injunction barring eviction
Nanette Tollakson vs. United Community Schools (UCS vs. ICRC) Sex/Employment Appeal of Commission's finding of discrimination. Settled after court hearing
Mary Quigley vs. Linn Cooperative Oil Co. (LCOC vs. ICRC) Sex/Employment Appeal from Commission finding of sex discrimination. Remanded for further evidence.
James Waters vs. ICRC Race/Employment Appeal of no probable cause finding. Waters, a white male, had alleged discrimination based on preferential hiring pursuant to a bona fide affirmative action plan. Hearing on motion to dismiss, motion denied.
Kathleen Tiernan vs. Burlington Comm. Schools. Sex/Employment Appeal of Commission finding of discrimination based on denial of pregnancy benefits. Hearing held on motion to consolidate.
Thomas J. Miller, Attorney General of Iowa vs. Ambrose Lovtinsky, Inc. d/b/a Woodfield's Disco Race/Public Accommodations ICRC sought injunction to stop discriminatory carding of Blacks. Settled by Consent Decree, providing for non-discrimination in future operation.
Gale Finken vs. Sioux City Cold Storage (Gale Finken v. ICRC) Sex/Employment Appeal of no probable cause finding, no jurisdiction. Court found continuing violation and remanded for ICRC processing.
Norman George vs. Clinton Corn Processing  Physical Disability/Employment Appeal of order setting public hearing. Remanded for bifurcated hearing.
ICRC vs. Sibley State Bank Sex/Employment Action for Enforcement of agency subpoena

CASES APPEALED TO SUPREME COURT IN FY 79

Case Basis/Area of Jurisdiction Comment
Frederick Esterbrook vs. ICRC Age/Employment Appeal from Commission finding of no probable cause. Challenge to issuance of finding based on investigation without hearing. Court upheld ICRC.
Federal Kemper Life Assurance Co. vs. Iowa Department of Insurance. Physical Disability/Public Accommodations ICRC has filed as Amicus Curiae
Edward Schuster vs. Loras College (Lolas College vs. ICRC) Age/Employment Appeal from Commission finding of discrimination. Briefs filed, arguments completed, awaiting decision of Court.
Nanette Tollakson vs. United Community Schools (UCS vs.ICRC) Sex/Employment Appeal from Commission finding of discrimination. Settled while pending.
American Chain & Cable vs. ICRC Sex/Employment Appeal from Commission finding of discrimination.
Quaker Oats vs. ICRC Sex/Employment Appeal from Commission finding of discrimination, ICRC upheld.
Franklin Manufacturing vs. ICRC Sex/Employment Appeal from Commission finding of discrimination. ICRC upheld.
Davenport Comm. School District vs. ICRC Sex/Employment Appeal from Commission finding of discrimination. ICRC upheld.

 

 

Quaker Oats Co. v. Cedar Rapids Human Rights Commission, 268 N.W. 2d 862 (Iowa 1978) - disability insurance plan which excluded pregnancy as compensable violated sex discrimination ordinance and Chapter 601A, notwithstanding contrary decision of U.S. Supreme Court under Title V11; class relief to all females denied benefits beyond the authority of Chapter 601A.

Franklin Manufacturing Company v. Iowa Civil Rights Commission, 270 N. W. 2d 829 (Iowa 1978) -employer's insurance plan did not cover pregnancy and childbirth. Employer defended itself by relying on section 601A.13 which exempted from the law "any retirement plan or benefit system" . . . unless it is a mere sham used to evade the law against sex discrimination The court said the employer misinterpreted that part a the law. The exemption for a "benefit system" did not mean a health insurance benefit system; it means a retirement benefit system (emphasis added). So, the employer must cover pregnancy under its insurance plan.

Davenport Community School District v. Iowa Civil Rights Commission, 277 N.W. 2d 907 (Iowa 1979) - reaffirmed pregnancy as a compensable disability for employee insurance purposes. Sex discrimination became illegal under Iowa law in 1970. Commission did not issue administrative rules on the subject until 1972. School district argued that because complaint was filed prior to the time the Commission issued its rule specifically on pregnancy, the school district could legally deny pregnancy benefits. Supreme Court ruled that because the law was still in effect since 1970, the bar against denying pregnancy benefits was still valid, since it stemmed from valid authority. Lastly, the court made it clear that only those women who filed the case could be remedied.

1979 Annual Report Main Page