BETH LARRAIN WHENNEN, Complainant

VS.

MEMORIAL LAWN CEMETERY, INC., PLANNING AND SERVICES CORP., and JAMES C. PETERSEN, Respondents

RECOMMENDED DECISION AND ORDER

1. The charges against Planning and Services Corporation are dismissed.

2. Memorial Lawn Cemetery, Inc. and James C. Petersen violated lowa, 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 Lawn 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, less interim earnings to include unemployment compensation and as stipulated by counsel for the parties. In the event, counsel fail to stipulate as ordered, payment shall be as recommended by the Hearing Officer or Commission. The back pay award shall be plus 10% interest per annum from November 14, 1984, until paid in full.

7. IT IS FURTHER ORDERED that Memorial Lawn Cemetery, Inc. and James C. Petersen each pay Beth Whennen $1,000.00 for emotional distress damages, plus 10% interest per annum from November 14, 1984 until paid in full.

Signed this 4th day of May 1988.

IONE G. SHADDUCK
Hearing Officer