DORIS A. CARRUTHERS, Complainant

VS.

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Respondent.

THIS MATTER, a complaint filed by DORIS A. CARRUTHERS (Complainant), with the Iowa Civil Rights Commission (Commission), charging PRUDENTIAL INSURANCE COMPANY OF AMERICA (Respondent), with discrimination in public accommodation on the basis of sex, came on for hearing in Des Moines, Iowa, on March 1, 1988, before IONE G. SHADDUCK, serving as Hearing Officer. The case in support of the complaint was presented by Rick Autry, Assistant Attorney General. The Complainant was represented by James F. Elliot and Sarah Wenke, private attorneys. Respondent was represented by Patrick M. Roby, Attorney at Law.

Respondent submitted a renewed motion to dismiss and Complainant submitted a resistance thereto. The motion will be ruled on in this proposed decision.

Attorneys Elliot and Wenke submitted a Motion for Costs and Attorney Fees. That motion will also be ruled on in the proposed decision.

All motions and objections not specifically ruled on in this proposed decision are denied or overruled.

The deposition and exhibits of DAN JACKSON, marked Joint Exhibit 1, were received into evidence by stipulation and will be considered as part of the transcript of testimony.

Transcript pages 84 and 85 are reversed; page 84, line 25 should be "disparate* instead of "disciplinary"

ISSUES TO BE CONSIDERED:

I. DOES THE INSURANCE DIVISION OF THE IOWA DEPARTMENT OF COMMERCE HAVE EXCLUSIVE JURISDICTION OVER UNFAIR OR DISCRIMINATORY POLICIES/PRACTICES IN INSURANCE?

II. IS PRUDENTIAL INSURANCE COMPANY OF AMERICA A PUBLIC ACCOMMODATION UNDER IOWA CODE CHAPTER 601A?

III. DOES PRUDENTIAL'S POLICY OF DENYING INSURANCE TO PERSONS WHOSE PRINCIPAL SOURCE OF INCOME IS PUBLIC ASSISTANCE HAVE A DISPARATE IMPACT ON WOMEN?

IV. WAS CARRUTHERS DAMAGED BY THAT POLICY?

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