ROYD JACKMAN, Complainant, and IOWA CIVIL RIGHTS COMMISSION,


VS.


JENSEN CONSTRUCTION COMPANY, Respondent.

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Royd Jackman against the Respondent Jensen Construction Company alleging discrimination on the basis of race in employment.

Complainant Jackman alleges that the Respondent Jensen Construction Company allowed a coworker to subject him to racial harassment and constructively discharged him because of his race.

A public hearing on this complaint was held on September 25-26, 1990 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Conference Room of the Iowa Civil Rights Commission in Des Moines, Iowa. The Complainant, Royd Jackman, was represented by Mark W. Bennett, Attorney at Law. The Respondent was represented by John R. Phillips and Joan Fletcher, Attorneys at Law. The Iowa Civil Rights Commission was represented by Rick Autry, Assistant Attorney General.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code § 17A.16(l) (1991). The findings of fact are required to be based solely on evidence in the record and on matters officially noticed in the record. Id, at 17A.12(8). Each conclusion of law must be supported by legal authority or reasoned opinion. Id. at 17A.16(l).

The Iowa Civil Rights Act requires that the existence of racial discrimination be determined in light of the record as a whole. See Iowa Code § 601 A.1 5(8) (1991). Therefore, all evidence in the record and matters officially noticed have been carefully reviewed. The use of supporting transcript and exhibit references should not be interpreted to mean that contrary evidence has been overlooked or ignored.

In considering witness credibility, the Administrative Law Judge has carefully scrutinized all testimony, the circumstances under which it was given, and the evidence bolstering or detracting from the believability of each witness. Due consideration has been given to the state of mind and demeanor of each witness while testifying, his or her opportunity to observe and accurately relate the matters discussed, the basis for any opinions given by the witness, whether the testimony has in any meaningful or significant way been supported or contradicted by other testimony or documentary evidence, any bias or prejudice of each witness toward the case, and the manner in which each witness will be affected by a particular decision in the case.