DENISE WALKER Complainant

VS.

THE BEST WESTERN AIRPORT INN and JOHN VASHIE, Respondents.

THIS MATTER, a complaint filed by DENISE WALKER (Complainant), with the Iowa Civil Rights Commission (Commission), charging THE BEST WESTERN AIRPORT INN and JOHN VASHIE (Respondents), with discrimination in employment on the basis of sex, came on for hearing in Des Moines, Iowa, on July 19, 1988, before IONE G. SHADDUCK, serving as Administrative Law Judge, (AIJ). The case in support of the complaint was represented by Teresa Baustian, Assistant Attorney General, who was not present at the hearing. The Complainant was represented by Stephen D. Lombardi, private attorney. The Respondents were not present, nor did anyone appear in behalf of Respondents. It was noted on the record that the Notice of Hearing was issued on February 16, 1988, by certified mail #32,908, to the Best Western Airport Ian at 1810 Army Post Road, Des Moines, Iowa 50315 and by certified mail #32,909, to John Vashie in care of the Best Western Airport Inn at 1810 Army Post Road, Des Moines, Iowa 50315. It is further noted that both certified Notices have been returned as received. Upon request, Attorney Lombardi informed the AIJ that he had been in contact with Michael Mallaney, Attorney for Vashie in another action, that Vashie was in California and expected to be in Des Moines; Lombardi stated that he and Attorney Mallaney had discussed the complaint at issue and that Mallaney was knowledgeable about the allegations and this hearing.

Attorney Lombardi moved to amend the complaint to have the caption read: Countryside Investment Company, d/b/la The Best Western Airport Inn. This motion is granted as a correction since adequate notice was given to parties as corrected.

Under the Iowa Rules of Civil Procedure section 230, and specifically under subsection "c," Respondents, The Best Western Airport Inn and John Vashie, were declared in default for failure to be present at this Hearing.

Pursuant to Iowa Rule of Civil Procedure section 232, subsection B, the ALJ requested the Complainant to present her evidence.

After having reviewed the record and briefs of counsel, the AIJ makes the following findings of fact, conclusions of law, rulings, recommended decision and order.