BEFORE THE IOWA CIVIL RIGHTS COMMISSION

CONNIE ZESCH- LUENSE, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

vs.

ROBERT PLILEY and the CHICKEN HOUSE, Respondents.

CP # 05-88-17707

SUMMARY*

This matter came before the Iowa Civil Rights Commission on the complaint of Complainant Connie Zesch-Luense alleging the following violations by Respondents The Chicken House and Robert Pliley: (a) race discrimination in public accommodations and aiding or abetting by directing complainant to discriminate in public accommodations on the basis of race; and (b) retaliation through termination of her employment because she refused to so discriminate.

Complainant Zesch-Luense alleges that Respondent Robert Pliley asked her to tell a Native American customer that she would no longer serve him drinks. She further alleges that, when she inquired as to why, she was informed by Pliley that he did not want Blacks and Indians in his bar. He also said he had not had Blacks and Indians in his bar before she came to work there. She responded that wasn't true. Pliley then again directed her to tell the Native American that she would no longer serve him. When she refused, Pliley informed her that she was discharged.

A public hearing on this complaint was held on March 9, 1993, before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Marshall County Courthouse in Marshalltown, Iowa. The Respondents were not represented by legal counsel. The Iowa Civil Rights Commission was represented by assistant attorney general Rick Autry. The Complainant was represented by attorney Barry S. Kaplan.

The Respondent's Brief was received on April 26, 1993. The Complainant's Brief was received on June 24, 1993. The Commission's Brief was received on June 25, 1993.

Complainant Zesch-Luense proved her allegations of aiding or abetting, retaliation, and race discrimination in public accommodation through credible direct evidence of such violations, i.e. evidence of statements by Respondent Pliley to the effect that he wanted her to deny service to a Native American due to his race and that she was fired for refusing to implement this policy by informing the Native American that she would no longer serve him drinks.

Remedies awarded include $1137.50 in back pay, $2000.00 in emotional distress damages, a cease and desist order, a requirement that notices be posted assuring the public of nondiscrimination in public accommodations, and hearing costs. Jurisdiction is retained for a future award of attorney's fees.

* This summary is provided as an aid to understanding the decision. It is not part of the findings of fact and conclusions of law.