DWIGHT ROBERTS, Complainant,

VS.

IOWA BEEF PROCESSORS, INC., Respondent.

ON August 29, 1988, a public hearing was held in the contested case of DWIGHT ROBERTS Complainant versus IOWA BEEF PROCESSORS, INC. (IBP or Respondent) before lone G. Shadduck, Administrative Law Judge. The Hearing was held at the Iowa Civil Rights Commission, 211 E. Maple Street, Des Moines, Iowa. Present at the Hearing were the Complainant, Dwight Roberts, Assistant Attorney General (AAG), Teresa Baustian, representing the Commission, and Robert L. Pierson, corporate attorney with Respondent, IBP.

After having heard the testimony and reviewing the record and briefs of counsel, the following findings of fact, conclusions of law, recommended decision and order are proposed.

ISSUES TO BE CONSIDERED:

I. WAS COMPLAINANT PERCEIVED TO BE SUBSTANTIALLY HANDICAPPED AND THEREBY A MEMBER OF THE PROTECTED CLASS OF DISABLED UNDER IOWA CODE 601A AT THE TIME OF THE FAILURE TO HIRE BY RESPONDENT?.

II. IF COMPLAINANT WAS A MEMBER OF THE PROTECTED CLASS, WAS HE QUALIFIED FOR THE JOBS FOR WHICH HE APPLIED?

III. IF RESPONDENT PERCEIVED COMPLAINANT TO BE SUBSTANTIALLY HANDICAPPED, WAS THAT PERCEPTION THE REASON FOR NOT HIRING HIM?