EDWARD D TILLMAN,

Complainant,

and

IOWA CIVIL RIGHTS COMMISSION

v.

MONFORT OF COLORADO, INC., CON AGRA, and BRET GOKEN.

Respondents.

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. All allegations in this case of race discrimination in employment against Respondents Monfort of Colorado, Inc. and Con Agra are dismissed.

B. The Iowa Civil Rights Commission and the Complainant, Edward D. Tillman, are entitled to judgment againnst Respondent Bret Goken because they have established that the prohibition against race discrimination in employment, set forth in Iowa Code section 216.6, was violated by Respondent Goken.

C. Complainant Tillman is entitled to a judgment of eight thousand five hundred dollars ($8500.00) in compensatory damages for the emotional distress he sustained as a result of the discrimination practiced by the Respondent.Bret Goken.

D. Interest at the rate of ten percent per annum shall be paid by Respondent Goken to the Complainant on the 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.

E. Respondent Goken is assessed all hearing costs allowed by 161 I.A.C. 4.7(3) and which were actually incurred in the processing of this public hearing. The precise calculation of costs shall be as shown on the bill of costs which is to be issued under the executive director's signature after this decision becomes final. The record shall be held open for this purpose.

Signed this the 30th day of September 1996..

________________________________

DONALD W. BOHLKEN

Administrative Law Judge

Department of Inspections and Appeals

2nd Floor, Lucas Bldg.

Des Moines, Iowa 50319-0083

515-281-8469

FAX: 515-281-4477