BEFORE THE IOWA CIVIL RIGHTS COMMISSION
DIANE HUMBURD, Complainant,
VS.
MARY A. HARLAN and VIRGIL G. HARLAN, Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED,
AND DECREED that:
A. The Complainant, Diane
Humburd, is entitled to judgment because she has established that
the refusal by the Respondents Harlan to provide her child care
services was based on her race and was in violation of Iowa Code
§ Section 601 A.7(1) (a), (b) (1983).
B. The Commission's Motion
for Default Judgment against Respondent Virgil G. Harlan is granted.
C. Respondent Mary A. Harlan's
Motion to Dismiss is denied.
D. Complainant Diane Humburd
is entitled to a judgment of four thousand four hundred dollars
($4,400.00) in general compensatory damages against Respondents
Virgil G. Harlan and Mary A. Harlan for the emotional distress
she suffered as a result of the racial discrimination practiced
against her by the Respondents.
E. Complainant Diane Humburd
is entitled to a judgment of two thousand six hundred and forty
dollars ($2,640.00) in special compensatory damages against Respondents Virgil
G. Harlan and Mary A. Harlan for the back pay damages resulting
from the loss of the Merry Maids position.
F. Interest shall be paid
to Complainant Diane Humburd on the above awards of general and
special damages at the rate of ten percent per annum commencing
on February 6, 1985 and continuing until date of payment.
G. Within 20 calendar days
of the date of this order, provided that agreement can be reached
between the parties on this issue, the parties shall submit a
written stipulation stating the amount of attorney's fees to be
awarded Complainant Humburd's attorney. If any of the parties
cannot agree on a full stipulation to the fees, they shall so
notify the Commission and an evidentiary hearing on the record
shall be held by the Administrative Law Judge for the purpose
of determining the proper amount of fees to be awarded. 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.
H. The Commission retains
jurisdiction of the case in order to determine the actual amount
of attorneys fees to which Complainant Humburd 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.
I. Respondents Mary A. Harlan
and Virgil G. Harlan are hereby ordered to cease and desist from
any further practices of racial discrimination in the provision
of child care services to the public.
J. In all future print advertising
for the provision of child care services for the next two years,
Respondents Mary A. Harlan and Virgil G. Harlan shall include
the statement, "An equal opportunity child care provider,"
in a type size not smaller than the largest type used in the remainder
of the advertisement. Respondents shall provide copies of all
future child care advertisements for two years from the date of
this order to the Iowa Civil Rights Commission.
K. A copy of this decision and order shall be provided to the Iowa Department of Human Services.
Signed this the 18th day of July, 1989.
DONALD W. BOHLKEN
Administrative Law Judge