Orlando Ray Dial, Commissioner (and the Iowa Civil Rights Commission) v.
Friedman Motorcars, Ltd., Mike Friedman, Tim Manning, Scott Henry, Pat Sullivan.
Cristen Harms (and the Iowa Civil Rights Commission) v. Friedman Motorcars
Ltd., Mike Friedman, Gary Friedman, and Cheryl Ruble.
Mike DeVolder (and the Iowa Civil Rights Commission) v. Friedman Motorcars,
Ltd., Mike Friedman, Scott Henry, and Pat Sullivan.
The above three cases were consolidated and heard in a five-day hearing.
The first complaint, filed by ICRC Commissioner Orlando Ray Dial on behalf
of the public, alleged that Respondents engaged in (1) discrimination in
hiring for salesperson positions on the basis of race, sex, and disability;
(2) the maintenance of a sexually and racially hostile work environment;
and (3) discrimination in public accommodations on the basis of race. The
second complaint, filed by Cristen Harms, alleged sexual harassment and
constructive discharge. The third complaint, filed by Mike DeVolder, alleged
(1) the maintenance of a sexually and racially hostile work environment,
(2) verbal and physical abuse in retaliation for his lawful opposition to
discrimination, and (3) retaliatory and discriminatory discharge. In a 171--page
decision, the Commission held that all of the above allegations were proven
with the exception of disability discrimination in employment.
Remedies included the payment of $22,706.69 in back pay to Complainant Harms,
$2,500 in back pay to Complainant DeVolder and $15,000 in emotional distress
damages to Complainant DeVolder. Non-monetary remedies included injunctive
relief against widespread practices of race and sex discrimination in employment,
race discrimination in public accommodations, and retaliation. Respondent
was required to post notices informing employees and the public that equal
employment opportunity and equal opportunity in public accommodations are
the law. Equal employment opportunity notices are to be placed in Respondent's
job advertising. Job Service of Iowa, a nondiscriminatory recruitment source,
is to be notified of future job openings.
Respondents were ordered to completely revise their hiring practices for
salesperson positions including the establishment of written job descriptions,
written procedures for filling openings, filing of annual applicant
flow reports with the Commission, and the maintenance of application files
for the Commission's inspection.
Respondents' management personnel are required to study racial and sexual
harassment, discrimination in hiring, and discrimination in public accommodations.
Education on harassment, public accommodations discrimination, and appropriate
grievance procedures for harassment complaints are to be given non-management
employees.
The Commission also rejected what was, in effect, a motion by Respondents
for disqualification of the Administrative Law Judge (ALJ) on the grounds
that being employed by the Commission either constituted an interest in
the case, violated the Commission's rules on disqualification or otherwise
violated due process. Respondents introduced no evidence and admitted they
could cfte no legal authority supporting their propositions. After an extensive
examination of the law of due process, judicial bias and interest, the motion
was overruled by the ALJ. This action was upheld by the Commission. These
cases are now on appeal in Polk County District Court.
Dorene Polton and the Iowa Civil Rights Commission v. Frank Roman and
John Abeln.
Dorene Pofton alleged that Respondents, her landlord and apartment manager,
(a) verbally indicated blacks were not welcome as renters, and (b) subjected
her to harassment by threatening her with a shotgun, and by
other means, because a black person was a regular visitor to the apartment.
The question of whether she was constructively evicted (i.e. whether
conditions were made so miserable for her by Respondents that she
was forced to leave) due to having a black visitor was also litigated. The
Commission found that both of her allegations and constructive eviction
were all proven. Ms. Polton was awarded $10,000 for emotional distress and
$1,760 for loss resulting from increased rental payments after she was constructively
evicted from Respondents' apartments. Respondents were directed to cease
their discriminatory activity. They were also ordered to post Fair Housing
Opportunity posters; to include the phrase "Equal Housing Opportunfty"
in their advertising; to review the publications "Fair Housing Advertising
in Iowa," and "Iowa Fair Housing Guide 1990.' This case is now
on appeal in Linn County District Court.