DENISE WALKER Complainant

VS.

THE BEST WESTERN AIRPORT INN and JOHN VASHIE, Respondents.

CONCLUSIONS OF LAW

The complaint was timely filed, processed and the issues in the complaint are properly before the Administrative Law Judge and ultimately before the Commission.

Pursuant to Iowa Rule of Civil Procedure section 230-235, Respondents Countryside Investment Company d/b/a The Best Western Airport Inn and John (VINOD) Vashie, should be declared in default for failure to appear at the Hearing on July 19, 1988.

Complainant, Denise Walker, should receive damages as follows:

1. Back pay from the date of constructive discharge, March 6, 1987, to the date of this Hearing in the amount of $13,623.50, plus interest accrued at the rate of 10% per annum. from April 6, 1987, the date of filing the complaint, and to continue until paid in full.

2. Attorney's fees in the amount of $3,458.53.

3. Emotional distress damages in the amount of $25,000.00 with interest at the rate of 10 % per annum. to accrue from April 6, 1987 until paid in full. Vashie's demanding and persistent harassment of Walker was outrageous conduct. Walker not only reported this conduct to her immediate supervisor, but told Vashie directly and repeatedly that his actions were unwelcome, offensive. In this case the outrageousness of Vashie's conduct is adequate evidence that the distress is severe. Paulsen v. Russell, 300 N.W.2d 289, 297 (Iowa 1981).

4. As an owner and employer in the State of Iowa, Vashie's outrageous harassing conduct of his employee in violation of Iowa Code Chapter 601A, his failure to respond to the Commission, an agency of the State of Iowa, by refusing to be present or represented at this Hearing as ordered by the Iowa Civil Rights Commission, are acts clearly in disdain of the law of this State and should be punished by ordering payment of exemplary damages.