ROBERT E. SWANSON, Complainant


VS.

PROPOSED DECISION AND ORDER

LEE DAHL MOTORS, Respondent.

 

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant, Robert Swanson, is entitled to judgment because he has established that the refusal by the Respondent Lee Dahl Motors to interview or hire him and its discriminatory advertising were in violation of Iowa Code Sections 601A.6(l)(a)(c) and 601A.11 (1983).

B. Complainant Robert Swanson is entitled to a judgment of forty-seven thousand two hundred ninety-three dollars and ninety-two cents ($47,293.92) in compensation for the loss resulting from the denial of the sales representative position.

C. Complainant Robert Swanson is entitled to a judgment of two thousand five hundred dollars ($2,500.00) in compensatory damages against Respondent Lee Dahl Motors for the emotional distress he suffered as a result of the age discrimination and retaliation practiced against him by the Respondent.

D. Interest shall be paid by the Respondents to Complainant Robert Swanson on the above awards of compensatory damages at the rate of ten percent per annum commencing on April 9, 1985 and continuing until date of payment.

E. 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 amount of attorney's fees to be awarded Complainant Swanson'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.

F. The Commission retains jurisdiction of this case in order to determine the actual amount of attorneys fees to which Complainant Swanson 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.

G. Respondent Lee Dahl Motors is hereby ordered to cease and desist from any further practices of age discrimination or retaliation in hiring for sales representative positions.

H. Respondent Lee Dahl Motors shall post, within 60 days of the date of this order, in a conspicuous place at its locations at DeWitt, Iowa, in areas readily accessible to and frequented by employees, the notice, entitled "Equal Employment Opportunity is the Law" which is available from the Commission.

I. Respondent Lee Dahl Motors shall develop, and revise as necessary, written job descriptions for all sales representative and other positions whose duties include the sale of merchandise, setting forth in detail the job title, duties, responsibilities, and the qualifications, both subjective and objective, which are required for the positions. Age shall not be a qualification. The qualifications stated shall be the ones utilized for filling vacancies. Any revision shall be made prior to the start of a selection process which is undertaken to fill a vacancy. These job descriptions shall be completed within 180 days of the date of this order.

J. All of Respondent Lee Dahl Motors' future job advertising, for a two year period commencing with the date of this order, shall state "An Equal Opportunity Employer" in type no smaller than the largest type in the advertisement. There shall be no age requirement in the advertisements.

K. Respondent Lee Dahl Motors shall establish and adhere to written procedures for filling sales positions. These procedures shall incorporate the procedures set forth in this order. These procedures shall be completed within 180 days of the date of this order.

L. Respondent Lee Dahl Motors shall provide for the next two years, commencing one year from the date of this order, an annual written report to the Commission, indicating the name, age, address, telephone number and position of each employee hired, whether his duties included sales duties, and the date of hire. For each person hired, the report shall indicate the name, age, address and telephone number of each other applicant for the job, and whether an offer was extended to such person. The Respondent shall maintain all applications considered or received over this two year period until January 1, 1993, and shall make these and all other application materials available to the Commission's representatives for inspection and copying upon request until January 1, 1993.

M. Respondent Lee Dahl Motors 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 H through K inclusive of this order.


Signed this the 26th day of December, 1989.

DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480

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