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