JENNIE V. MILLER-SUHR, Complainant,

VS.

ART QUIRING TRUCK DIVISION, INC., and ART QUIRING Respondents.

FINDINGS OF FACT

1. The Complainant, Jennie V. Miller-Suhr, timely filed verified complaint CP# 06-82-8819 with the Iowa Civil Rights Commission on June 14, 1982, alleging a violation of Iowa Code section 601A.6, discrimination in employment on the basis of sex, incident occurring on or about May 1 through May 5, 1982.

2. A true copy of the verified complaint was served by certified mail upon the Respondents, Art Quiring Truck Division, Inc. and Art Quiring on June 17, 1982.

3. On July 5, 1985, Complainant filed a verified amendment with the Commission alleging a violation of Iowa Code section 601A.11, retaliation for having filed a complaint with the Commission.

4. A true copy of the verified amendment was served by certified mail upon Respondents on July 22, 1985.

5. The investigation of the complaint was completed on August 8, 1985, probable cause was found for both charges, sex discrimination and retaliation, on August 26, 1985. Notice of probable cause was given Respondent on September 5, 1985. Conciliation was unsuccessfully attempted and Notice of Hearing was issued on September 15, 1986.

6. Sometime in February 1982, Suhr responded to an ad by Quiring for a truck driving job. She was given a run to Chicago in February with another driver. On February 9, 1982 she was given a copy of the Company rules but did not read them at that time as she did not believe that she was going to be hired. (See Respondent's Exhibits G and H)

7. Her next call was on, Saturday, May 1, 1982. She reported to the office at 8:00 A.M. for a trip to Albuquerque, New Mexico and El Paso, Texas. She was told that she was supposed to make a run with another driver, but he refused to take her, therefore, Art Quiring would take her. They left about one o'clock that afternoon. Her status was that of trainee. Delivery was set for Monday morning.

8. The Company Rules include the following provision:

All bedding is furnished and cleaned by the company. It is issued at the start of each dispatch. No one shall enter the sleeper compartment with outer garments. Keep it clean - you don't sleep this way at home.

On this trip, Suhr was required to remove her outer garments on the passenger side of the truck prior to getting into the sleeper. Quiring did the same thing before he crawled into the sleeper. The rule was equally applied to females and males.

9. During this trip Quiring asked Suhr what she would do if "some guy came up and rattled on the door and wanted a favor." During one period when he was in the sleeper Quiring asked: "Are you going to kiss me good night and tuck me in?" Miller- Suhr responded in the negative, telling him that she didn't even kiss her children good night, "What makes you think you're any better?' (Tr.p.27). Quiring then told Suhr to get in the sleeper with him. (Tr.pp. 28,47) When they arrived at the first warehouse, Quiring put his hands on Miller-Suhr's shoulder and informed her that she didn't have to worry about getting pregnant because he had an operation. Suhr rejected and was offended by all of Quiring's sexual overtures. (See Transcript pages 27-29).

10. They stopped and spent most of one day at Quiring's in-laws.

11. Quiring declined to take a load of lettuce on the return trip because of a time problem.

12. On the return trip there was minimal conversation and no training instruction. Upon return Suhr was only informed that she was off duty. She waited about five days to two weeks and there were no calls from Quiring on making another trip. She then applied for unemployment benefits. Quiring contested the application. Suhr was awarded benefits.

13. It was policy for drivers to leave an extra key to their cars so that the cars could be moved if necessary. Suhr's key remained at the office until her boyfriend went to retrieve it after Suhr had given up being called.

14. On December 9, 1983, Art Quiring filed Petition at Law, C3009-1283 in the Iowa District Court for Muscatine County against Jennie V. Miller (Miller-Suhr) alleging defamation of character as follows in part:

That on or about June 11, 1982, Defendant did maliciously and willfully defame the character of the Plaintiff, charging and accusing Plaintiff of sexually harassing Defendant by writing, publishing and filing a complaint addressed to and received and read by the Iowa Civil Rights Commission, 8th Floor, Colony Bldg., 507- 10th Street, Des Moines, Iowa, 50319.

On December 26, 1985, the district court sustained Defendant's Motion for Summary Judgment in that the allegations by Defendant to the Iowa Civil Rights Commission are protected communications.

15. The Company Rules received by Suhr in February provided as follows:

You must call in between 8 a.m. and 12 noon daily (except Sunday). Failure to do so will result in a $25.00 fine.

(See Respondent's Exhibit G)

The record indicates that Suhr did not call in nor did Quiring fine her for not doing so. The record indicates that this was an on-the- road rule as opposed to off-time rule and therefore, was not applicable to Jennie Miller-Suhr after Art Quiring told her she was off-duty.

16. Art Quiring is the owner of Art Quiring Trucking Division, an interstate carrier of general commodities. He had been in trucking business for over 40 years.

17. Driver trainees were paid 8-11.5 cents per mile and after 30 days 50% of health insurance.

18. It was generally agreed that when there was a woman trainee, Art Quiring took her out on her first run.

19. Darlo Daly, a driver for Art Quiring who made a delivery in Albuquerque just after Quiring and Miller-Suhr were there, reported that the warehousemen were still talking about how Quiring had treated Miller-Suhr. He also testified that Quiring indicated when they returned from the run that he could not hire her because "she missed too many turns," which Daly, interpreted as an excuse and not the true reason for refusal to lure her, which was her rejection of sexual advances.