BEFORE THE IOWA CIVIL RIGHTS COMMISSION

STACEY D. DAVIES, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

vs.

NISSEN COMPANY, SUBHASH SAHAI, M.D., and WEBSTER CITY MEDICAL CLINIC, INC., Respondents.

DECISION AND ORDER

IT IS ORDERED, ADJUDGED, AND DECREED that:

A. The Complainant Stacey Davies and the Iowa Civil Rights Commission, are entitled to judgment because they have established that Respondents Nissen Company, Subhash Sahai, M.D., and Webster City Medical Clinic, Inc. failed to hire her for an assembly line position at Nissen due to her sex, i.e. her pregnancy. This failure to hire her because of her sex is a violation of Iowa Code Section 601A.6 (now 216.6).

B. Complainant Davies is entitled to a judgment against Respondents of two thousand seven hundred thirty-two dollars and ninety-nine cents ($2732.99) in back pay for the loss of employment resulting from sex discrimination.

C. Complainant Davies is entitled to a judgment against Respondents of eight thousand five hundred dollars ($8,500.00) in compensatory damages for emotional distress.

D. Interest at the rate of ten percent per annum shall be paid by the Respondents to Complainant Davies on her award of back pay commencing on the date payment would have been made if she had been hired and continuing until date of payment.

E. Interest at the rate of ten percent per annum shall be paid by the Respondent to Complainant Davies 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.

F. Respondents are hereby ordered to cease and desist from any further practices of sex discrimination in employment.

G. Respondents Sahai and Webster City Medical Clinic, Inc. shall develop, within 120 days of this order, written policies concerning recommendations made to employers regarding the suitability for employment of pregnant job applicants. These policies shall be based on the legal principles set forth in this decision. 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 Respondents.

Signed this the 22nd day of June 1994.

DONALD W. BOHLKEN

Administrative Law Judge

Iowa Civil Rights Commission

211 E. Maple

Des Moines, Iowa 50319

515-281-4480