ORLANDO RAY DIAL, COMMISSIONER; CRISTEN HARMS,
and MIKE DE VOLDER, Complainants,
and
IOWA CIVIL RIGHTS COMMISSION,
VS.
FRIEDMAN MOTORCARS, LTD., MIKE FRIEDMAN, TIM MANNING, GARY FRIEDMAN, SCOTT
HENRY, PAT SULLIVAN and CHERYL RUBLE, Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The allegations of disability discrimination in employment are dismissed.
B. The Commission, through the complaint of Commissioner Dial, is entitled
to judgment because:
(1) it has established the failure to consider or hire Blacks and females,
direct and indirect indications that they were not acceptable for employment,
and other forms of race and sex discrimination in the hiring for salesperson
positions by Respondents Mike Friedman, Scott Henry (on the basis of sex
only), and through the agents of Respondent Friedman Motorcars, Ltd. in
violation of Iowa Code § 601A.6;
(2) it has proven the establishment and/or maintenance of a racially
hostile work environment by Respondents Mike Friedman, Tim Manning, Scott
Henry, Pat Sullivan, and through the agents of Respondent Friedman Motorcars,
Ltd. in violation of Iowa Code § 601A.6.
(3) it has proven the establishment and/or maintenance of a sexually
hostile work environment by Respondents Mike Friedman, Tim Manning, Scott
Henry, Pat Sullivan, and through the agents of Respondent Friedman Motorcars,
Ltd. in violation of Iowa Code § 601 A.6.
(4) it has proven the denial of advantages and services and/or the provision
of unequal advantages and services to Black customers and potential customers,
as well as direct and indirect indications that their patronage is objectionable
on the basis of their race, by Respondent Mike Friedman and through the
agents of Respondent Friedman Motorcars, Ltd. in violation of Iowa Code
§ 601A.7.
C. Complainant Cristen Harms, and through her complaint the Commission,
are entitled to judgment because:
(1) they have proven that she was subjected to illegal sexual harassment
by Respondent Mike Friedman, which was allowed to be maintained by Respondent
Cheryl Ruble, and through the agents of Respondents Gary Friedman and Friedman
Motorcars, Ltd., and for which no prompt and effective remedial action was
taken by Respondents Friedman Motorcars, Ltd., Gary Friedman.or their agents,
in violation of Iowa Code § 601 A.6.
(2) they have proven that she was constructively discharged, by Respondent
Cheryl Ruble and by and through Respondents Gary Friedman, Friedman Motorcars,
Ltd. and their agents, and as a direct result of the harassment by Respondent
Mike Friedman in violation of Iowa Code 601A.6.
D. Complainant Mike DeVolder, and through his complaint, the Commission,
are entitled to judgment because:
(1) they have proven the establishment and/or maintenance of a racially
hostile work environment by Respondents Mike Friedman, Scott Henry, Pat
Sullivan, and through the agents of Respondent Friedman Motorcars, Ltd.
in violation of Iowa Code § 601A.6.
(2) they have proven the establishment and/or maintenance of a sexually
hostile work environment by Respondents Mike Friedman, Scott Henry, Pat
Sullivan, and through the agents of Respondent Friedman Motorcars, Ltd.
in violation of Iowa Code § 601 A.6.
(3) they have proven that Complainant DeVolder
was subjected to verbal and physical abuse in retaliation for his lawful
opposition to discrimination by Respondents Mike Friedman (with regard to
verbal abuse only), Scott Henry and Pat Sullivan and through the agents
of Respondent Friedman Motorcars, Ltd. in violation of Iowa Code §
601 A.1 1.
(4) they have proven that Complainant DeVoider was subjected to a retaliatory
and discriminatory discharge by Respondent Scott Henry and through the agents
of Respondent Friedman Motorcars, Ltd. in violation of Iowa Code §
601 A.6 and 601 A.11.
E. Complainant Cristen Harms is entitled to
a judgment of twenty-two thousand seven hundred six dollars and sixty- nine
cents ($22,706.69) in back pay for the loss resulting from her constructive
discharge at Friedman Motorcars, Ltd.
F. Complainant Mike DeVoider is entitled to a judgment of two thousand
five hundred dollars ($2,500.00) in back pay for the loss resulting from
his discharge at Friedman Motorcars, Ltd.
G. Complainant Mike DeVolder is entitled to
a judgment of fifteen thousand dollars ($15,000.00) in compensatory damages
for the emotional distress he sustained as a result of the discrimination
and retaliation practiced by the Respondents.
H. Interest at the rate of ten percent per annum shall be paid by the
Respondents to Complainants Harms and DeVoider on their respective awards
of back pay commencing on the date payment would have been made if Complainants
had remained in their respective employments and continuing until date of
payment.
1. Interest at the rate of ten percent per annum shall be paid by the
Respondents to Complainant DeVolder on the above award of emotional distress
damages commencing on the date this decision becomes final, either by Commission
decision or by operation of law, and continuing until date of payment.
J. Within 45 calendar days of the date of this order, provided that agreement
can be reached between the parties on this issue, Complainant Mike DeVoider
and the Respondents found to be liable to him shall submit a written stipulation
stating the amount of attorney's fees to be awarded Complainant's attorney.
If any of the parties cannot agree on a full stipulation to the fees, they
shall so notify the Administrative Law Judge in writing 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.
If no written notice is received by the expiration of 45 calendar days from
the date of this order, the Administrative Law Judge shall schedule a conference
in order to determine the status of the attorneys fees issue and to determine
whether an evidentiary hearing should be scheduled or other appropriate
action taken. 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.
K. The Commission retains jurisdiction of this case in order to determine
the actual amount of attorney's fees to which Complainant 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.
L. Respondents Friedman Motorcars, Ltd., Gary Friedman, Scott Henry,
Pat Sullivan, Tim Manning and Cheryl Ruble are hereby ordered to cease and
desist from any further practices of race and sex discrimination in employment;
race discrimination in public accommodations; or retaliation.
M. Respondent Friedman Motorcars, Ltd. shall post, within 60 days of the
date of this order, in a conspicuous place at its location at 4475 Merle
Hay Road, Des Moines, Iowa, in areas readily accessible to and frequented
by employees, at least two copies of the poster, entitled "Equal Employment
Opportunity is the Law" which is available from the commission.
N. Respondent Friedman Motorcars, Ltd. shall develop, and revise as necessary,
a written job description for the salesperson position, setting forth in
detail the job title, duties, responsibilities, and the minimum qualifications,
both subjective and objective, which are required for the positions. Neither
race nor sex shall be a qualification. The qualifications stated shall be
the ones utilized for filling vacancies. This job description shall be completed
within 180 days of the date of this order.
O. All of Respondent Friedman Motorcars, Ltd.'s future job advertising,
whether print or otherwise, for a two year period commencing with the date
of this order, shall state the Respondent is "An Equal Opportunity
Employer". At any time during this two year period when job advertising
of any nature is placed, Respondent shall also notify the Job Service of
Iowa of the openings.
P. Respondent Friedman Motorcars, Ltd. shall establish and adhere to
written procedures for filling salesperson positions. These procedures shall
include the procedures set forth in paragraphs N and 0 of this order. These
written procedures shall be completed within 180 days of the date of this
order.
Q. Respondent Friedman Motorcars, Ltd. shall provide for the next
two years, commencing one year from the date of this order, an annual written
report to the Commission, indicating the name, sex, race, address, telephone
number and position of each employee hired, and the date of hire. For each
position filled, the report shall indicate the name, sex, race, address
and telephone number of each other applicant for the job, and whether an
offer was extended to such person. The Respondent shall maintain all applications
considered or received over this two year period until three years from
the date of this order, and shall make these and all other application materials
available to the Commission's representatives for inspection and copying
upon request until the end of the three year period.
R. All of Respondent Friedman Motorcars, Ltd. management personnel, including
Respondent Gary Friedman as well as all present incumbents of those positions
identified in Findings of Fact Nos. 10-11, shall be directed to read, and
shall read, within 90 days of the date of this order, the publications Successfully
Interviewing Job Applicants and Sexual Harassment in the Workplace, both
of which are available from the Commission. In addition, all salespersons
and sales managers shall be provided with and directed to read the publication
Sexual Harassment in the Workplace.
S. Respondent Friedman Motorcars, Ltd. shall, within 180 days of this
order, develop a proposed plan of education and training for all management
personnel, including Respondent Gary Friedman as well as all present incumbents
of those positions identified in Findings of Fact Nos. 10-11, in the prevention,
detection, and correction of racial and sexual harassment; pertinent grievance
procedures in regard to such harassment; the legal prohibitions against
discrimination in public accommodations applicable to an automobile dealership;
and nondiscriminatory hiring procedures. This plan shall be subject to the
review and approval of the Commission's representative. The plan shall be
implemented within 210 days of this order unless an extension is approved
by the Commission's representative.
T. Respondent Friedman Motorcars, Ltd. shall, within 180 days of this
order, develop a proposed plan of education and training for all sales and
office personnel, informing them about what behavior constitutes sexual
and racial harassment and discrimination in public accommodations and that
this behavior is prohibited. During this education and training, employees
will be informed of appropriate grievance procedures to follow in the event
they become aware of such harassment. This plan shall be subject to the
review and approval of the Commission's representative. The plan shall be
implemented within 210 days of this order unless an extension is approved
by the Commission's representative.
U. Respondent Friedman Motorcars, Ltd. shall develop, within 120 days
of the date of this order, written policies on sexual and racial harassment
which shall include an effective grievance procedure. These policies shall
be subject to the approval of the Commission. In the event, in the sole
judgment of the Commission's representative, agreement cannot be reached
on the language of such policy, the version drafted by the Commission shall
be adopted by the Respondent.
V. Respondent Friedman Motorcars, Ltd. shall within 60 days of the date
of this order, at its own, expense, have produced two posters, measuring
eleven by fourteen inches or larger, which will be copies of the front side
of the Iowa Civil Rights Commission's public accommodations mini-poster
which states, in part "WELCOME . . . The Iowa Civil Rights Act of 1965
requires that every person receive full and equal service in public accommodations."
These two posters shall be placed in two separate but conspicuous positions
in the showroom at Respondent's location at 4475 Merle Hay Road, Des Moines,
Iowa, where they will be readily visible to and easily read by customers
and potential customers visiting the showroom.
W. Respondent Friedman Motorcars, Ltd. shall file a report with the Commission within 2lO calendar days of the date of this order detailing what steps it has taken to comply with paragraphs M through V inclusive of this order.
Signed this the 4th day of November 1991.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480