ABDULMAJID BACHELANI, Complainant,

VS.

DES MOINES TRAFFIC TRANS. DEFT., CITY OF DES MOINES, and DES MOINES CIVIL SERVICE COMMISSION, Respondents.

FINDINGS OF FACT:

1. The Complainant, Abdulmajid Bachelani, timely filed verified complaint CP# 05-85-13013 on May 24, 1985, charging the Des Moines Traffic Transportation Department, City of Des Moines, and Des Moines Civil Service Commission, with discrimination in employment on the basis of national origin.

2. Investigation was completed, probable cause found, conciliation attempted but failed and Notice of Hearing was issued on December 30, 1986.

3. Complainant had lived with his family for the past 5 years in Des Moines, Iowa. He was born in Kenya, Africa and is of Indian origin. His education background is in Kenya plus 2 years of college at DMACC in Ankeny, Iowa, studying computers. He is a citizen of the United States and had been in the United States for about 12 years.

4. Complainant had held the following jobs prior to his application with the City of Des Moines:

a. American Republic Insurance as a claims examiner for about a year;
b. Sherwin-Williams as a warehouse clerk for about 7 months.;
c. Butler Paper as a paper cutter for about 1 1/2 years;
d. Fawn Engineering as a general laborer and packer for about 5 months;
e. Norwest Bank working with computers for about 3 years.

5. In early 1985, on one of his trips to Job Service, Complainant saw a notice for a Parking Meter Checker examination winch was open to the general public. The minimum qualifications were as follows:

Graduation from high school and two years of experience in general office work or work involving considerable public contact, or any equivalent combination in winch education and experience are interchangeable at the rate of one year of education for one year of experience.

Required also was possession of a valid motor vehicle operator's license issued by the State of Iowa and ability to acquire a motorcycle driving license within three months after appointment.

The method of exam given was that the top 25 applicants deemed best qualified would be scheduled for an oral examination. The application deadline was March 20, 1985, and the notice was released on March 13, 1985.

6. Complainant filed his application for the parking meter checker on March 20, 1985. The Civil Service Commission of the City of Des Moines wrote Complainant a letter dated March 29, 1985, informing him that his application was considered ineligible for the following reason(s): "Lacks two full years experience in general office work or work involving considerable public contact."

7. Complainant made no further contact with the City regarding the rejection of his application.

8. Complainant, during his employment with Northwest Computer Services, worked on the 5th floor of the Financial Center in a security area. Only authorized personnel could routinely enter. Only bank employees, couriers, technicians and suppliers visited the area. Contact was generally at a window. He worked in this situation for approximately 35 months and believed that it should be considered general office work and work with public contact.

9. Dorenda Walters, formerly Dorenda Maxwell, was the personnel technician for the City of Des Moines Civil Service Commission during the time at issue and processed the applications for the parking meter checker position. She testified that there were 270 applications for the position of checker and that 49 applicants, including Complainant, were rejected for failure to meet minimum qualifications: 30 white, 15 Black, 2 Asian, 1 Hispanic and Complainant who is Indian. A total of 27 who met the minimum qualifications were actually interviewed of those who were minimally qualified but not interviewed, 122 had more than 35 months experience. All who were interviewed had more than 35 months experience. Of the 27 interviewed, 21 were white, 5 were Black and 1 was Hispanic. Two were actually hired, one white and one Hispanic. One person hired had 57 months experience winch included experience as a parking meter checker. The other person had 86 months of experience.

Walters holds a master's degree from Iowa State University in industrial relations and she also received on-the-job training in evaluating applications through an internship program.

10. Iowa Code chapter 400 provides for the appointment of a civil service commission which determines qualifications for positions under civil service and certifies a list of names of qualified persons to the city council. The job description is written by the personnel department and department with a position to be filled. The list of persons qualified is given by the City Council to the department with the opening. The department picks their employee from that list. The list is good for a year. In the case at issue there were two steps: 1) the application; and, 2) an oral examination. Commission staff selected from the applicants those who would receive an oral examination. In this case, the number selected was 27. Complainant only participated in the first step since his application was not selected for step 2, the oral examination. His name, therefore was not on the list submitted to the City Council and thereafter to the Department of Traffic Transportation.