ORLANDO RAY DIAL, COMMISSIONER; CRISTEN HARMS, and MIKE DE VOLDER, Complainants,

and

IOWA CIVIL RIGHTS COMMISSION,

VS.


FRIEDMAN MOTORCARS, LTD., MIKE FRIEDMAN, TIM MANNING, GARY FRIEDMAN, SCOTT HENRY, PAT SULLIVAN and CHERYL RUBLE, Respondents.

FINDINGS OF FACT CONTINUED:

70. To a lesser degree, Ms. Whetro also found Scott. Henry's gross sense of humor to be offensive. She objected to him about this behavior. (Tr. at 262-63, 266, 269). On one occasion, he called her on the switchboard and asked her to page a fictitious "Mike Hunt," i.e. "my cunt," which she refused to do. On another occasion, Scott Henry told her, "if I were ever to sleep with you, I would do you so hard that your cunt would fall off and smoke at your feet." (Tr. at 262). Although this behavior was offensive and harassing, Ms. Whetro also felt Scott Henry was essentially harmless with a wild sense of humor, while she was afraid of Mike Friedman. (Tr. at 267, 269). She was also aware of a good deal of sexual talk about female employees by male employees, e.g. "Angie is nice looking and she has little titties." (Tr. 263).

71. Janet Adams was employed at Friedman's as a customer service representative from April 1988 to January 1989. She also dealt with accounts payable. (Tr. at 247- 48). Mike Friedman would come to the receptionist box and ask her whether she had any sex the previous night. He would stare at her from time to time while she was in the dealership. (Tr. at 251). She was informed by one of the sales representatives that Mike Friedman had referred to her as a "nigger screwer" and "whore," and would never want to touch her. (Tr. at 249). One day while in the receptionist box, a group of sales personnel told a sex joke. Respondents Scott Henry and Pat Sullivan and salespersons Curt Peters and Steve Rovner were there. After the joke, someone said something about unzipping their pants and letting their "pee- pee" hang out. Curt Peters responded, "You might as well, because Jan would look at it." Ms. Adams cried in response to that remark. She gave her two weeks notice to Cheryl Ruble on that day. (Tr. at 251).

72. Laura Farran was a part time cashier, evening and weekend receptionist from June to October of 1989, when she became full-time cashier. She was customer relations representative from March of 1990 to the end of her employment on February 18, 1991. (Tr. at 367-68). Lea Webb, who became off ice manager sometime after October 15, 1990, was her supervisor after that date. (Tr. at 373, 785-86).

73. Ms. Farran would hear groups of 6 to 8 salesmen, including Mike Friedman, whistle at her and comment about herself and other women, e.g. "Did you see those" and "Get a look at that." (Tr. at 371-72). Mike Friedman and other salesmen stared at her. (Tr. at 227, 372). She overheard him making remarks about sexual activity upstairs at the dealership on a cot. (Tr. at 374). She had no problems with the conduct of Pat Sullivan, Scott Henry,or Tim Manning. (Tr.at 264). Once, when Gary Friedman heard salesmen whistle at and comment about her, when she was wearing a jeans jacket and skirt for a "Western Days" promotion, he told Lea Webb that she should change clothes or be fired. Ms. Webb indicated the salesmen would not be discharged as they "bring in the money." (Tr. 373, 380-81).

74. James Sherman, who was a salesman at Friedman's from mid-July to mid-August of 1990, left partly because of the sexist and racist attitude of many of the salespersons. (Tr. at 396-97). On one occasion, Mike Friedman, who was not a sales manager at that time, commented on a female customer by stating, "Boy, I'd like to bend that over and drive it home." (Tr. at 398). Such comments were made daily. (Tr. at 399). Mr. Sherman heard more discussions on sex and violence at Friedman's than at any prior employer, including two car dealerships. (Tr. at 400). He did not, however, hear Scott Henry or Tim Manning make such remarks. (Tr. at 41 1).

75. Throughout the period when Mike Friedman was employed as sales manager, and after, the basic attitude of management below Gary Friedman, including that of Respondents Scott Henry and Pat Sullivan, toward Mike Friedman was that they did not like him, but would have to tolerate his behavior because he was Gary Friedman's brother. (Tr. at 14444, 220-21, 232, 334, 347, 398-99).

Adverse Conduct Concerning Cristen Harms Which Was Based on Her Sex and Regarded by Her as Unwelcome and Reasonably Considered to Be Offensive:

76. Complainant Cristen Harms was the subject of sexual remarks and actions by Mike Friedman. On her first day of employment, Mike Friedman went to a chair Ms. Harms had just left, sniffed the seat and made some remark. (Tr. at 107). On a daily basis, Friedman would ask other employees, in the presence of Scott Henry and Pat Sullivan, "Wouldn't you like to screw her [Cristen Harms]?" (Tr. at 220). Based on these and similar remarks, Ms. Koch and Mike DeVoider warned Complainant Harms that Mike Friedman was after her. (Tr. at 286-87).

77. On or about July 7,1989, as Complainant Harms walked into a meeting room with Toyota representatives, she overheard Mike Friedman tell Cathy Koch and Dodd Cook that she was voluptuous and he'd like to spend a couple of hours with her. (CP. EX. # 4; Tr. at 288). Cathy Koch yelled at Friedman to leave Harms alone. Cristen Harms felt humiliated by this remark, as if she were only "one inch tall." (Tr. at 288).

78. On this same or another occasion, he told Cathy Koch that if Complainant Harms spent one night with him she would kick her "old man" (her fiance) out. Friedman said to Ms. Koch that he'd be willing to divorce his wife for Ms. Harms. (Tr. at 224, 288). On July 13th, he again stated to an employee, as he had several times before, that he would like to spend a couple of hours with the Complainant and that he bet he could sexually satisfy her. On July 18, 1989, Mike Friedman told another employee in regard to Cristen Harms' fiance, "He's a big guy, she really likes them big and I bet that's not the only place he's big." He also stated, in the words of Complainant Harms' notes of the incident, "he'd like to spend a couple of hours upstairs with that blonde and if [she] was any good, it would be worth dumping his wife over."

(CP. EX. # 4).

79. On one occasion, Mike Friedman talked to Cathy Koch about sex in Cristen Harms' presence. Complainant Harms remarked to him, "You know, you are really a pervert." Friedman responded by looking at her, laughing, and saying "I know." He then walked away laughing. (Tr. at 288-89).

80. Cristen Harms was often subjected to incidents where Mike Friedman would stare or leer at her. (Tr. at 226, 290, 311-12, 370, 379, 746-47, 772). When she was first interviewed for her position, she noticed a man standing very close to her, looking her up and down and front and back. She later learned that man was Mike Friedman. He continued to do this during the first few days she worked there. (Tr. at 284). When she walked out of the showroom, he would stay right behind her and watch her walk the entire distance. (CP EX. # 4; Tr. at 266). On June 26,1989, for example, Complainant Harms noticed Mike Friedman staring at her twice in the morning. In the afternoon he, "embarassed (sic) me by turning completely around on the showroom floor to look me up and down as I walked away. I turned around and saw him do it. In the office area, staring at me." On July 10th, Mike Friedman "looked at me from Tim's (Manning) window, totally turned around as I walked by so he could look me up and down." (CP. EX. # 4).

81. On July 13,1989, Complainant Harms was bent over while getting a drink from a water fountain. There was no one else in the hallway which would make it necessary for any one passing through to come close to her in order to get by. Mike Friedman brushed up against Ms. Harms backside with his groin as he passed by. (CP. EX. # 4; Tr. at 106, 290- 91).

82. On July 19, 1989, Mike Friedman put his arm around - Complainant Harms' back and touched the sleeve of her dress on the side opposite where he was standing, while commenting how much he liked the dress. (CP. EX. # 4; Tr. at 290).

83. Respondent Mike Friedman's behavior toward Complainant Cristen Harms was obviously based on her sex. Mike Friedman's words and actions upset, angered, and frightened Complainant Harms. (Tr. at 106-108, 222, 226, 288, 291, 312; CP. EX. # 4). It made her feel dehumanized, as if she did not matter at all. (Tr. at 291). This behavior was not in any way welcomed or encouraged by her. It was clearly unwelcome. Mike Friedman's unwelcome conduct was offensive to her as it would be to any reasonable member of her sex.

The Effect of Mike Friedman's Conduct on Complainant Harms' Working Environment:

84. Some of the actions of Mike Friedman which engendered embarrassment, fear, anger and humiliation in Complainant Harms has already been discussed. See Findings of Fact Nos. 76-83. Cristen Harms complained about and discussed this behavior with Cathy Koch, Laura Farran, and Mike DeVolder. (Tr. at 106, 225, 286-87, 320, 369). The incident where Mike Friedman brushed up against her was repulsive to Cristen Harms. She told DeVoider, "I almost had to go home and take a shower. I just feel terrible." (Tr. at 107). She told Cathy Koch that Mike Friedman was constantly back at her desk. She complained to Ms. Koch that "He doesn't have any reason to be back there. He's driving me crazy. He just keeps hanging around." (Tr. at 222). She also complained about his staring at her. (Tr. at 226).

85. The extent of the impact of Mike Friedman's behavior on Cristen Harms' working environment is also demonstrated by an incident involving her and Mike DeVolder. Mr. DeVoider went to a back office, where Cristen Harms was doing some work, in order to look for some license plates. Ms. Harms' back was turned toward DeVolder and she, therefore, did not know who was behind her. At some point, Mr. DeVolder stopped what he was doing. After a period, Complainant Harms turned around and yelled "Mike Friedman, get the fuck away from me." She then saw that Friedman was not in the room. She told DeVoider, "Mike, that idiot has been following me around and pestering me so much that I thought you were him. I've had it with him chasing me around. I'm at my wits end." (Tr. at 107-08).

86. The staring and the comments Mike Friedman had made about her also affected Complainant Harms' working environment in another way. Complainant Harms came to believe that, whenever Mike Friedman and other male salespersons were looking at her and talking and laughing, they were talking about her, although she could not hear what they said. (Tr. at 289-90, 314).

Respondents Cheryl Ruble, Gary Friedman, and Friedman Motorcars, Ltd. Knew or Should Have Known of the Harassment of Complainant Harms:

87. Complainant Harms first complained to her supervisor, Respondent Cheryl Ruble, about Mike Friedman's behavior after three or four days of employment. The day before, Ms. Ruble had pointed out to Ms. Harms that it was not professional to slip off her shoes while sifting behind her desk. (Tr. at 283). The next day, Complainant Harms told Respondent Ruble that she did not think the office was very professional due to the conduct toward her of Mike Friedman. At that time, Harms mentioned only Friedman's standing very close to her and looking her up and down, front and back, at her first. interview and during her first days of employment. (Tr. at 284). Respondent Ruble's only response was that she would keep an eye on Mike Friedman. (Tr. at 285). After this, Mike Friedman's conduct got worse. (Tr. at 286). Respondent Ruble did not tell Gary Friedman of this complaint. (Tr. at 812). Essentially nothing was done to curtail Mike Friedman's behavior. (Tr. at 226).

88. Complainant Harms made a list of some of the incidents of Mike Friedman's behavior. These notes were originally handwritten on a yellow sheet of paper. She also typed the list, which is now in the record as Complainant's Exhibit # 4. (Tr. at 224, 291-92, 309, 788-89, 796, 813).

89. On Friday, July 28, 1989, Complainant Harms handed the handwritten list to Cheryl Ruble and asked her if she would tolerate this kind of behavior. Respondent Ruble answered that she would not. (Tr. at 224, 291, 788-89). Cristen Harms said she thought she was going to quit because Mike Friedman's harassing behavior wasn't going to stop. (Tr. at 292). Ms. Ruble indicated she would bring the list to Gary Friedman's attention, but did not do so until after Ms. Harms'employment ended. (Tr. at 291, 764, 789, 794, 813). She also asked Ms. Harms not to quit and to think it over during the weekend. (Tr. at 293-94). Ms. Harms did not resign on that day. (Tr. at 293).

89A. Although they did not do so, Pat Sullivan and Scott Henry could have informed Gary Friedman of earlier incidents of Mike Friedman's inappropriate behavior toward previous female employees and, in light of that behavior, alerted him concerning his frequent sexual comments on Ms. Harms. See Findings of Fact Nos. 75-76. In light of the frequency and recurring nature of this behavior with regard to Complainant Harms, Cathy Koch, and Angie Whetro, at least some of which she was aware, Ms. Ruble should also have informed Gary Friedman of Complainant Harms' allegations, prior to the end of her employment. (Tr. at 796-97, 803). See Findings of Fact No. 87, 89.

Constructive Discharge of Complainant Harms:

90. On Monday, July 31st, Cristen Harms' next working day, Respondent Ruble indicated that she would have to give Mike Friedman every option to change his behavior. (Tr. at 293-94,305). Complainant Harms suggested that she be permitted to work only part-time, in the hope that Mike Friedman would cease his harassing behavior. Ms. Ruble responded that it would take months to determine whether that could be done. (Tr. at 294, 306).

91. On Tuesday, August lst, because she did not want to wait months for this situation to be resolved, Complainant Harms stated she would quit. Ms. Ruble asked if she were quitting due to Mike Friedman and Ms. Harms replied, "yes." (Tr. at 294-95). Ms. Harms also indicated she would be willing to work one and one-half to two weeks more. Ms. Ruble said that would be fine. On either August 1 or 2, 1989, Respondent Ruble called Complainant Harms' home and informed her mother that Friedman's did not need Ms. Harms anymore. By this communication, Respondent Ruble ended the Complainant's employment at Friedman's one and one-half to two weeks earlier than Complainant Harms desired. (Tr. at 295).

92. It is clear that Mike Friedman's behavior and the failure to remedy this behavior were the only reasons for Complainant Harms leaving her employment at Friedman's. (Tr. at 226, 292, 294-95, 788-89). This behavior resulted in working conditions that were so unpleasant that any reasonable person, including any reasonable member of Complainant Harms' sex, would feel compelled to resign. See Findings of Fact Nos. 76-86. Friedman's was aware of this behavior. See Findings of Facts Nos. 87-90.

93. An effort was made at hearing and on brief by Respondents to suggest that either Complainant Harm's graduation from Iowa State University on August 5, 1989, or her marriage on September 16, 1989, or her interest in a career in communications or her moves to Colfax, Iowa and Nevada, Iowa due to her lease terminating and her marriage were the true reasons for her leaving Friedman's. (Respondent's Brief at 45). This conclusion is not supported by the greater weight of the evidence. The customer relations position at Friedman's was not inconsistent with Ms. Harms' ultimate goal of a position in communications. (Tr. at 280). The move to Nevada, Iowa would mean that Ms. Harms commute would be only a few miles longer than it was when she commuted from Ames, Iowa at the beginning of her employment with Friedman's. (Tr. at 303).

94. The Complainant's initial job after Friedman's, at Staff Temps in West Des Moines, Iowa, where she was assigned most of the time, was a longer commute, from either Colfax or Nevada, Iowa, than the commute to Friedman's from either of those two respective locations. (Tr. at 297).

95. It is a matter of common knowledge, readily verifiable through examination of street maps of the greater Des Moines area and highway maps of the state of Iowa that the distance from Nevada, Iowa to Friedman's place of business, at 4475 Merle Hay Road in Des Moines, Iowa, is only a few miles (approximately seven miles) longer than the distance from Ames, Iowa to that location. Common knowledge and maps also show that it is a greater distance from any location in West Des Moines, Iowa to, respectively, Colfax, Iowa and Nevada, Iowa, than it is from Friedman's to those locations. Official notice is therefore taken of those facts. Fairness to the parties does not require they be given an opportunity to contest notice of these facts.

Once Respondents Cheryl Ruble, Gary Friedman and Friedman Motorcars, Ltd. had Knowledge of the Sexual Harassment of Complainant Harms, They Failed to Take Prompt and Effective Remedial Action:

96. At some time after Complainant Harms' employment was terminated, Ms. Ruble gave the handwritten list to Respondent Gary Friedman, who indicated he would talk to Mike Friedman about it. (Tr. at 224, 764, 792, 813).

97. Prior to the end of Complainant's employment, Cathy Koch had also informed Respondent Ruble of Mike Friedman's behavior toward her. (Tr. at 223, 797). Ms. Ruble told Ms. Koch to arrange her work so any work that had to be done in Mike Friedman's office could be done when he wasn't there. Ms. Koch did make such arrangements. (Tr. at 223). Other than this, Respondent Ruble had taken no action on Ms. Koch's complaints. (Tr. at 797). After Complainant Harms' list of harassing incidents was given to Cheryl Ruble, Ruble asked Koch if she believed Mike Friedman was harassing Complainant Harms. Ms. Koch responded, "Yes, he is." When Cheryl Ruble gave Complainant Harms' list to Gary Friedman she also informed him of the harassment of Ms. Koch. She told him that she was uncomfortable with bringing in anymore female employees under these circumstances. Gary Friedman became angry and indicated he would hire who he wanted when he wanted. (Tr. at 224). Gary Friedman gave Ms. Ruble no further response to Ms. Harms' complaints after Ms. Ruble took the list to hin, (Tr. at 800).

98. Gary Friedman did talk to Mike Friedman about the list of incidents compiled by Cristen Harms. Gary Friedman suggested that, if these things were a possibility, he should "give some consideration to looking for other work." (Tr. at 764, 813-14). Mike Friedman indicated he would do so. (Tr. at 813-14). Mike Friedman was demoted, along with Pat Sullivan, to salesperson in late 1989 for reasons which had nothing to do with the sexual harassment of Complainant Harms. See Finding of Fact No. 12. He stayed employed with Friedman's until January of 1991, one year and five months after Ms. Harms left employment with Friedman's. (Tr. at 827). At that point, apparently as part of discovery procedures undertaken in preparation for this hearing, Friedman's had received some statements by persons other than Ms. Harms from the Commission's investigation file. The content of those statements is not reflected in the record. Gary Friedman terminated Mike Friedman because of the information contained in those statements. (Tr. at 826-28).

99. In the period between his receipt of Ms. Harms' list and January of 1991, Gary Friedman adopted essentially a wait and see policy toward Complainant Harms' allegations, i.e. to wait and see whether any further evidence would independently arise to support the allegations as opposed to actively investigating these allegations. (Tr. at 815-18). The reason for this reactive attitude was because "blood is thicker than water" i.e. because Mike Friedman was Gary Friedman's brother. (Tr. at 816-17). No effort was made to have Cheryl Ruble make further inquiries. (Tr. at 800). There is no evidence in the record to indicate that any effort was made by Gary Friedman or on his behalf to discuss with Cathy Koch the problems she had with Mike Friedman, which he had been informed of by Cheryl Ruble. See Finding of Fact No. 97. There is no evidence in the record of any effort by Gary Friedman or on his behalf to contact Cristen Harms in order to obtain further information on her complaints, to inform her of his discussion and admonition to Mike Friedman, or to determine whether and under what conditions she would be interested in returning to work at Friedman's. Nor did he inform Cheryl Ruble of his discussion with Mike Friedman. (Tr. at 800). Nor did he, or anyone in management, contact Laura Farran, Angie Whetro or other past or present female employees, who would spend time in the showroom area, to ascertain whether there were similar incidents involving other female employees. There is, at most, a vague suggestion that Gary Friedman had some type of discussion "with all my people" and "several discussions at the work place" after receipt of Cristen Harms' civil rights complaint on November 22, 1989, over two months after her
termination. (Admissions; Tr. at 826-27).

100. Despite the failure to conduct any meaningful investigation of Ms. Harms' or Ms. Koch's allegations of sexual harassment, Gary Friedman held fast to the belief that the allegations were false. (Tr. at 827). Respondent Ruble, once she had informed Gary Friedman of Ms. Harms' and Ms. Koch's allegations, took no further action other than to terminate Ms. Harms' employment one and one-half to two weeks earlier than she desired. See Finding of Fact No. 91. All of the steps of investigation and communication outlined above were reasonable steps that Friedman's could have undertaken in light of the gravity of the harm alleged, the nature of the working environment, and the resources available to the company.

101. The combination, of an early termination of the Complainant, the non-communication of her and Ms. Koch's allegations to higher management prior to her termination, the admonition by higher management to the alleged perpetrator that he should consider looking for another job if there was a possibility that the allegations were true, the simultaneous maintenance of the belief that the allegations were false, and the absence of any reasonable steps to actively investigate or resolve them; represents a total failure to take prompt and effective action to investigate, resolve, and remedy, when appropriate, allegations of sexual harassment. That the discovery process eventually yielded information of an unspecified nature, gathered during the Commission's investigation, which resulted in the termination of Mike Friedman almost one and one-half years after Gary Friedman was informed of the Complainant's allegations, and approximately one month before the originally scheduled date of this hearing, serves to reinforce, and not to rebut, this finding. (Notice of Hearing). See Finding of Fact No. 98.

The Effect of the Sexually and Racially Hostile Working Environment at Friedman's on Mike
DeVoider:

102. As previously noted, Complainant Mike DeVoider observed at first hand the sex and race discrimination in hiring, the race discrimination in the offering and providing of services, the racist statements about Black customers, Black applicants and Blacks in general, the sexist statements about female applicants, employees, and customers, and the sexual harassment of Cristen Harms. See Findings of Fact Nos. 8, 30, 64, 66-67, 76. In regard to the latter, it should be noted that he witnessed the seat sniffing incident in addition to other incidents previously described. See Finding of Fact No. 76. In regard to the treatment of Black. customers, he not only observed the discrimination, he was told, by Mike Friedman, to forget about selling a car to the McCiendons, and was required by him to deny them a test drive and, subsequently, to deliver their new car with unrepaired dents solely because they were Black. See Findings of Fact Nos. 57-61.

103. Mike DeVolder actively protested and argued against this treatment of Blacks and females. Friedman's hiring practices effectively denied him the benefits of professional interaction with Black and female salespersons. He objected to and foiled Mike Friedman's desire to deny service to the McCiendons because they were Black. Indeed, if he had complied with Mike Friedman's wishes, he would have suffered the economic loss of the commission for the sale of that car. He also circumvented Mike Friedman's plan to inform the McClendons that they, not the dealership, were responsible for the dents in their new Saab. (Tr. at 234). See Finding of Fact Nos. 58-61. He repeatedly told Scott Henry and Mike Friedman that Mike Friedman's comments on Blacks and females were wrong and that Friedman's attitude was "incredible" and "impossible". He would roll his eyes and walk away from Mike Friedman when he began to comment on women and Blacks. (Tr. at 101-02, 227, 841-42). He would suggest to Mike Friedman, without success, that various female applicants, who he had a chance to talk to when business was slow, would be good candidates. (Tr. at 109).

104. Complainant DeVoider told Cristen Harms and Cathy Koch of his concerns about the racially and sexually hostile working environment and that he felt degraded by it. (Tr. at 227-28, 321-22). He would go home and complain about the racist and sexist statements he heard every day. (Tr. at 118). He was upset by this working environment and told Cathy Koch that it was so bad that he wanted to leave his employment. (Tr. at 234). There is no question that the sexually and racially discriminatory atmosphere at Friedman's caused Mike DeVoider substantial emotional distress.

105. After three or four days of experiencing the working environment at Friedman's, Complainant DeVolder decided to look for another job. He applied at Stew Hanson Dodge. Somehow, Friedman's management found out and he was called in to meet with Mike Friedman, Scott Henry, Pat Sullivan and Tim Manning. They asked him and he told them where he had been. He told them that he thought he would be happier somewhere else. They could not understand that, but indicated they would not discharge him at that time because he had promise as a salesperson. When this discussion was over, DeVoider had the clear understanding that, if Friedman's found out about a further search for work, his employment would be terminated. (Tr. at 103).

Retaliation By Means of Verbal and Physical Abuse:

106. Management did not care for Mike DeVoider's complaints about the working environment. They thought these complaints were odd and that DeVoider was, in the words of Cathy Koch, "kind of a Boy Scout [who] didn't fit in." (Tr. at 228).

107. Once the investigation Of Commissioner Dial's complaint began, the atmosphere became very tense at Friedman's. (Tr. at 114). As previously noted, this complaint was based, in part, on information provided by Mike DeVoider. Although that was not stated in the complaint, the complaint twice indicated it was based on "test results and other collected information." (Dial Complaint)(emphasis added). See Findings of Fact Nos. 8, 30, 36-37, 40. There were many rumors throughout the dealership about Mike DeVoider being involved in the complaint and the investigation. (Tr. at 338). This is understandable in light of DeVolder's continuous expression to management of his opposition to race and sex discrimination at Friedman's. Also, the afternoon before he called the Iowa Civil Rights Commission, he had been present at a conversation where Pat Sullivan and Scott Henry were discussing Mike Friedman's treatment of the McCiendons and laughing about what a joke it would be to give Mike Friedman a telephone call and say they were from the Civil Rights Commission. This conversation gave DeVoider the impetus to actually call the Commission. (Tr. at 97).

108. Several salespersons, including Jeffrey Rich and Curt Peters, held Mike DeVolder responsible for the initiation of the civil rights investigation at Friedman's. (Tr. at 339). When Mike DeVolder came in on his day off to attend a sales meeting, he was confronted by an angry Curt Peters, who told him that he had been "talking way too much." All of the salespersons followed Mr. Peters while he interrogated DeVolder. Peters said he had been interviewed for hours by civil rights commission investigators asking questions about himself and about his statements concerning his father being a member of the Klan. DeVolder did not want it known that he had taken action which ultimately resulted in the investigation. Therefore, DeVolder denied that he had anything to do with the Dial complaint other than being interviewed by the Commission. (Tr. at 114-15).

109. Management, including Respondents Mike Friedman, Scott Henry, and Pat Sullivan, were also upset because they believed that DeVoider was behind the investigation resulting from the Dial complaint. (Tr. at 339). Beginning after DeVoider's objections to sex and race discrimination, and continuing after management came to believe that he was responsible for the investigation, Mike DeVolder was subjected to a constant barrage of verbal and physical abuse. (Tr. at 110). Despite the fact that he did a good job for Friedman's, he was degraded, called "stupid", and referred to as a "meathead." (Tr. at 151, 237, 321). DeVolder did not refer to management by derogatory names. (Tr. at 151). Although other sales personnel had nicknames, his treatment was different in kind and degree to that afforded these personnel. (Tr. at 152, 321).

Physical Abuse:

110. It is undisputed that some of the salesmen and sales managers, including Mike DeVolder, had engaged in horseplay wherein one of them would jab the other in the arm. (Tr. at 150-51, 350, 490-91, 600, 714, 761). A person might hit or be hit a maximum of once or twice a week. (Tr. at 151, 736). The jab would usually be a light punch, not a full swing, and would rarely result in a bruise. (Tr. at 518, 600, 62628, 715, 735-36).

111. After Mike. DeVolder began expressing his opposition to the treatment of Blacks and women by Friedman's, however, this horseplay became something entirely different with respect to him. (Tr. at 110-13, 228, 351). Respondents Scott Henry, Tim Manning and Pat Sullivan began to hit Complainant DeVolder as hard as they could, with full swings to them arm or chest. (Tr. at 111-12, 228-29). In addition, Tim Manning would squeeze DeVolder's hand so hard that indentations from his ring would show on his hand. (Tr. at 1 1 1). Both Cathy Koch and Jeffrey Rich observed that DeVolder was being hit, not as a part of horseplay, but out of anger at him. (Tr. at 228-29, 351).

112. Mike DeVolder would be hit several times a day over approximately a three month period. (Tr. at 112, 228- 29). For DeVolder "to be hit and to be hit right and to have to step back was not uncommon at all." (Tr. at 843). The hitting would result in black and blue marks from DeVolder's elbows to his shoulders and on his upper chest which lasted for months after he left Friedman's. (Tr. at 113). Cathy Koch saw some of these bruises. (Tr. at 228). The bruises would change to yellow marks after that. Family members and others would ask him where he got these bruises. (Tr. at 113).

113. Given the timing of this increase in severity and frequency of the hitting in relation to the internal complaints made by Complainant DeVolder, the fact that this intensified hitting was directed only to him, and the observations of Ms. Koch and Mr. Rich to the effect that this hitting was due to anger and not horseplay, it is reasonable to infer that this abusive conduct resulted because of DeVolder's lawful opposition to discriminatory practices at Friedman's.