ANN M. REDIES, Complainant,
VS.
BUMPER-TO-BUMPER and FAUSER OIL COMPANY, INC. Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED,
AND DECREED that:
A. The Complainant, Ann
M. Redies, is entitled to judgment because she has established
that the refusal by the Respondents Bumper-to-Bumper and Fauser
Oil Company to promote her into the position of Assistant Manager
was based on her sex in violation of Iowa Code Section 601 A.6(1)(a)
(1985).
B. Complainant Ann M. Redies
is entitled to a judgment of seven hundred fifty dollars ($750.00)
in compensatory damages against Respondents Bumper-to-Bumper and
Fauser Oil Company for the emotional distress she suffered as
a result of the sex discrimination practiced against her by the
Respondents.
C. Complainant Ann M. Redies
is entitled to a judgment of three hundred forty-two dollars and
fifty-three cents ($342.53) in back pay for the loss resulting
from the denial of the Assistant Manager position.
D. Interest shall be paid
by the Respondents to Complainant Ann M. Redies on the above awards
of compensatory
damages at the rate of ten percent per annum commencing on May
21,1987 and continuing until date of payment.
E. Within 20 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 Redies' attorney. If any of the parties cannot
agree on a full stipulation to the fees, they shall so notify
the Commission 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. 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 Redies 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. Respondents Bumper-to-Bumper
and Fauser Oil Company are hereby ordered to cease and desist
from any further practices of sex discrimination in promotion
and hiring for management positions.
H. Respondents shall post,
within 60 days of the date of this order, in a conspicuous place
at each of their locations in areas readily accessible to and
frequented by employees, including areas at the auto parts stores
at Oelwein and Elgin, Iowa, the notice, entitled "Equal Opportunity
is the Law" which is available from the Commission.
I. Respondents shall develop,
and revise as necessary, written job descriptions for each management
position setting forth in detail the job title, duties, responsibilities,
and the qualifications, both subjective and objective, which are
required for the positions. 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. Respondents shall internally
post in a conspicuous place at each of their locations in areas
readily accessible to and frequented by employees, including areas
at the auto parts stores at Oelwein and Elgin, Iowa, an announcement
of each management position which becomes vacant. This notice
shall include a copy of the job description and indicate time
limits and methods for applying for the position. The notice shall
state "An Equal Opportunity Employer" in type no smaller than
the largest type in the announcement.
K. Respondents shall establish
and adhere to written procedures for filling management 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. Respondents shall provide
a written explanation of the reasons for his or her rejection
to any employee who, after being considered for a management position,
is rejected.
M. Respondents shall make,
and maintain for a period of 210 calendar days after the position
is filled, a written record detailing the discussions at all management
meetings where candidates are considered for management positions.
N. Respondents shall file a report within 210 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs H through M inclusive of this order.
Signed this the 3rd day of October, 1989.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480