BEFORE THE IOWA CIVIL
RIGHTS COMMISSION
BETH LARRAIN WHENNEN, Complainant,
VS.
MEMORIAL LAWN CEMETERY, INC., PLANNING AND SERVICES CORP., AND JAMES C. PETERSEN,
Respondents.
CP# 03-85-12709
FINAL ORDER
ON July 15, 1988, at its regular meeting, the Iowa Civil Rights
Commission reviewed the Proposed Decision of the Hearing Officer
which was issued on May 4, 1988, and adopted that Proposed Decision
as modified below:
Item 7 under Remedies is
modified by changing the last sentence to read:
"Based on the evidence of the witnesses, it is concluded that Whennen should not be awarded damages for emotional distress."
DECISION AND ORDER
1. The charges against Planning
and Services Corporation are dismissed.
2. Memorial Lawn Cemetery,
Inc. and James C. Petersen violated Iowa Code section 601A.6,
in differential pay, mandatory pregnancy leave, and constructive
discharge of Beth Whennen.
3. IT IS ORDERED that Memorial
Lawn Cemetery, Inc. cease and desist from unfair and discriminatory
practices.
4. IT IS FURTHER ORDERED
that Memorial I-awn Cemetery, Inc. submit to the Iowa Civil Rights
Commission a leave policy which conforms with Iowa Code section
601A.6, as amended, within 60 days of issuance of the final order
in this case.
5. IT IS FURTHER ORDERED
that Memorial Lawn Cemetery, Inc. and James C. Petersen pay Beth
Whennen $566.19 as pay differential plus 10% interest per annum.
from date of filing the complaint (3-4-85) until paid in full.
6. IT IS FURTHER ORDERED
that Memorial Lawn Cemetery, Inc. and James C. Petersen pay Beth
Whennen back pay at $225.00 per week beginning on November 14,
1984 through June 30, 1985, (32 weeks at $225.00 = $7,200.00),
less interim earnings (NONE), less unemployment compensation ($2,216.73),
less pregnancy leave of 4 weeks (4 weeks at $225.00 = $900.00)
for a total back pay award of $4,083.27, plus 10% per annum interest
from November 14, 1984, until paid in full. [NOTE: Stipulation
ordered in proposed decision was not received, therefore, this
order conforms with proposed order]
7. IT IS FURTHER ORDERED that the issue of award of attorney fees is remanded to the Hearing Officer for recommendation as a separate order.
Signed this 28th day of July 1988.
RUBY ABEBE, Chair
IOWA CIVIL RIGHTS COMMISSION