FRANK ROBINSON, Complainant, and IOWA CIVIL RIGHTS COMMISSION,
VS.
METRO PAVERS, Respondent.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Complainant, Frank Robinson, is entitled to judgment because he
has established that the Respondent Metro Pavers, Inc. subjected him to
an intolerable hostile working environment and constructively discharged
him on the basis of his race in violation of Iowa Code Section 601A.6.
B. Complainant Robinson is entitled to a judgment of four thousand four
hundred twenty dollars and twenty cents ($4,420.20) in back pay for the
loss resulting from his being constructively discharged.
C. Complainant Robinson is entitled to a judgment of ten thousand dollars
($10,000.00) in compensatory damages against the Respondent for the emotional
distress he sustained as a result of the discrimination practiced against
him by the Respondent.
D. Interest at the rate of ten percent per annum shall be paid by the
Respondent to Complainant Robinson on all back pay commencing on the date
payment would have been made if Complainant had remained in his employment
with the Respondent and continuing until date of payment.
E. Interest at the rate often percent per annum shall be paid by the
Respondent to Complainant Robinson 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.
F. Complainant Robinson is entitled to a judgment of two thousand three
hundred forty-four dollars and ninety cents ($2,344.90) against the Respondent
for attorneys fees, expenses, and advances for the period ending on August
9, 1990 inclusive.
G. Within 45 calendar days of the date of this order, provided that agreement
can be reached between the parties on this issue, the parties shall submit
a written stipulation stating the remaining amount of attorney's fees to
be awarded Complainant's attorney. If any of the parties cannot agree on
a full stipulation to the fees, they shall so notify the Administrative
Law Judge in writing and an evidentiary hearing on the record shall be held
by the Administrative Law Judge for the purpose of the determining the proper
amount of fees to be awarded. If no written notice is received by the expiration
of 45 calendar days from the date of this order, the Administrative Law
Judge shall schedule a conference in order to determine the status of the
attorneys fees issue and to determine whether an evidentiary hearing should
be scheduled or other appropriate action taken. Once the full stipulation
is submitted or the hearing is completed, the Administrative Law Judge shall
submit for the Commission's consideration a Supplemental Proposed Decision
and Order setting forth a determination of attorney's fees.
H. The Commission retains jurisdiction of this case in order to determine
the remaining amount of attorneys fees to which Complainant is entitled
to under this order and to enter a subsequent order awarding these fees.
This order is final in all respects except for the determination of the
amount of the attorney's fees.
1. The Respondent is hereby ordered to cease and desist from any further
practices of racial harassment of its employees by supervisors or coworkers.
J. The Respondent shall post, within 60 days of the date of this order,
in conspicuous places at its locations 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. The Respondent shall develop a written policy on racial harassment
which shall include an effective grievance procedure. This policy shall
be completed within 120 days of the date of this order. This policy shall
be subject to the approval of the Commission. In the event, in the sole
judgment of the Commission's representative, agreement cannot be reached
on the language of such policy, the version drafted by the Commission shall
be adopted by the Respondent. A copy of this policy shall be issued to each
employee of the Respondent within 150 days of the date of this order. A
copy of this policy shall be issued to each new employee hired within a
period of two years after the date of this order.
L. The Respondent shall develop a proposed plan of Equal Employment Opportunity
education and training for all management personnel of the Respondent, which
will include education and training in the prevention, detection, and correction
of racial harassment within 120 days of this order. This plan shall be subject
to the review and approval of the Commission. The plan shall be implemented
within 150 days of this order.
M. A copy of this decision shall be provided to the Iowa Department of Transportation.
N. The Respondent shall file a report with the Commission within 210 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs J through L inclusive of this order.
Signed this the 15th day of February 1991.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480