RACHEL HELKENN, Complainant,

VS.

EVCC CORP. d.b.a. ECHO VALLEY COUNTRY CLUB

and

RACCOON VALLEY INVESTMENT COMPANY,

Respondents.

CP # 06-86-14840

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Rachel Helkenn which, as amended, alleges Respondents EVCC Corporation and Raccoon Valley Investment Company discriminated against her on the basis of age in employment. The complaint specifically alleges that the Respondents terminated Ms. Helkenn from the position of waitress because of her age.

A public hearing on this complaint was held on July 25, 1989 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Iowa Civil Rights Commission's off ices in Des Moines, Iowa. The Respondent was represented by Charles A. Coppola, Attorney at Law. The Iowa Civil Rights Commission was represented by Teresa Baustian, Assistant Attorney General.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code SS 17A.1 6(1) (1989). The findings of fact are required to be based solely on evidence in the record and on matters officially noticed in the record. Id. at 17A.12(8). Each conclusion of law must be supported by legal authority or reasoned opinion. Id. at 17A.16(l).

The Iowa Civil Rights Act requires that the existence of age discrimination be determined in light of the record as a whole. See Iowa Code S 601A.15(8) (1989). Therefore, all evidence in the record and matters officially noticed have been carefully reviewed. The use of supporting transcript and exhibit references should not be interpreted to mean that contrary evidence has been overlooked or ignored.

In considering witness credibility, the Administrative Law Judge has carefully scrutinized all testimony, the circumstances under which it was given, and the evidence bolstering or detracting from the believability of each witness. Due consideration has been given to the state of mind and demeanor of each witness while testifying, his or her opportunity to observe and accurately relate the matters discussed, the basis for any opinions given by the witness, whether the testimony has in any meaningful or significant way been supported or contradicted by other testimony or documentary evidence, any bias or prejudice of each witness toward the case, and the manner in which each witness will be affected by a particular decision in the case.