TERRY L. MORRIS and DIANE MORRIS, Complainants,

VS.

DARREL COX and PATTI COX, Respondents.

REMEDIES

Section 601A. 15(8), The C 1985, provides in pertinent part as follows:

If upon taking into consideration all of the evidence at a hearing, the Commission determines that the respondent has engaged in a discriminatory of unfair practice, the Commission shall ... issue an order requiring the respondent to cease and desist from the discriminatory or unfair practice and to take the necessary remedial action as in the judgement of the Commission will carry out the purposes of this chapter...

a. For the purpose of this subsection and pursuant to the provisions of this chapter "remedial action" includes but is not limited to the following:

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(4) Sale, exchange, lease, rental assignment of sublease of real property to an individual.

(5) Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent denied to the complainant because of the discriminatory or unfair practice.

(6) Reporting as to the manner of compliance.

(7) Posting notices in conspicuous places in the respondent's place of business in form prescribed by the Commission and inclusion of notices in advertising material.

(8) Payment to the complainant of damages for an injury caused by the discriminatory or unfair practice which damages shall include but are not limited to actual damages, court costs and reasonable attorney fees.

The Morris family is now settled in a house in Sioux City, Iowa. That house is a three bedroom house as was the house at 1140 Union. The rent in Boone was $275.00 a month. The rent in Sioux City is $350.00 a month, a difference of $75.00. Respondents should pay the difference from September 1, 1985 through date of hearing, November 1, 1986, or 14 months at $75.00, a total of $1050.00. The amount of actual damages
resulting from the forced move with no place to go, the selling or giving away of personal possessions including the wedding ring and the children's hamster farm was estimated at $500.00-$1000.00. It is reasonable to conclude that the loss incurred was $500.00 and Complainants should be awarded that amount.

The devastating effect that this experience had on the Morris family was clear and convincing from the demeanor of Diane, Terry, and the children. They had suffered emotional distress. They were still suffering emotional distress at the time of the hearing. In Dacy v. Burlington Northern Railroad, the Commission established categories as guidelines to assist the trier of fact in weighing evidence. Although those guidelines were established for employment situations, they can also be helpful in situations where other illegal acts result in emotional distress. The categories are as follows:

CATEGORY I - EMPLOYER MOTIVATION

5 - Malicious acts, reckless disregard for results;

3 - Deliberate acts to harass and exclude based solely on membership in protected class;

1 - Intentional acts of hostility mixed with insensitivity and incompetence.

CATEGORY II - SEVERITY OF DISTRESS

5 - Severe emotional distress, traumatic (e.g. inability to work, relate to family, friends);

3 - Serious emotional distress (e.g. hurt, anger, difficulty in relating to others);

1 - Some emotional distress (e.g. anger, frustration, hurt pride);

CATEGORY III - LENGTH OF EFFECTS

5 - Long term, therapy required;

3 - Recovery in progress, therapy would help, but not required.

1 - Temporary, no therapy necessary.

CATEGORY IV - COMPLAINANTS STATUS

5 - Innocent in acts, vulnerable because of prior related stress.

3 - Innocent in acts, no prior stress;

1 - Early participant in acts, then rejection made known.

In the case at issue, Respondents' motivation would be a "3", deliberate acts to exclude based solely on membership in a protected class; the severity of distress would be rate "5"; length of effects would be rated "3"; and Complainant status would be rated "5". The total points equal 16 of 20. The Morris family was moving to Boone, a small, quiet town, where they could renew and rebuild their marriage and family relationship - a new start in a new place. What could Terry and Diane do when the neighbors either ignored or stared at them? When their children were called niggers? When their dog was abused and found cowering? The treatment they received culminating in eviction tore that family apart again. Why? How could they defend themselves - already vulnerable because of their personal problems? Could they strike out at the neighbors? No. What they did was strike out at each other. All they wanted was a chance to live like other people and because Terry and the children were Black, and because Terry married a white woman, they were denied that chance. The policy of the Commission is a "make whole" policy. To "make whole" is always impossible. In a case such as this with four young children caught in the wicked web of prejudice is particularly difficult. It is concluded that a trust fund or insurance coverage be provided in order that each child receive $2500.00 plus the current rate of interest. If a trust fund is set up, Diane Morris should be designated trustee. If an insurance policy is drawn up, the surviving children should be equal beneficiaries. It is further concluded that Diane Morris who with the children bore the brunt of the eviction, should be awarded $15,000.00 for emotional distress and Terry Morris should be awarded $7,500.00 for emotional distress, each plus 10% annum. interest from October 16, 1985 until paid in full.