RACHEL HELKENN, Complainant,
EVCC CORP. d.b.a. ECHO VALLEY COUNTRY CLUB
RACCOON VALLEY INVESTMENT COMPANY,
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Complainant, Rachel Helkenn, is entitled to judgment because she has established that her discharge by the Respondents EVCC Corporation and Raccoon Valley Investment Company was based on her age in violation of Iowa Code Section 601A.6 (1985).
B. Respondents' motion to dismiss is denied.
C. Complainant Helkenn is
entitled to a judgment of nine thousand two hundred twenty five
dollars and fifty-two cents ($9,225.52) in back pay for the loss
resulting from her discharge by the Respondents.
D. Complainant Helkenn is
entitled to a judgment of one thousand dollars ($1000.00) in compensatory
damages against Respondents for the emotional distress she sustained
as a result of her discriminatory discharge by the Respondents.
E. Interest shall be paid
by the Respondents to Complainant Helkenn at the rate of ten percent
per annum, commencing on June 19, 1986 for all back pay then due;
and commencing, for all back pay due after June 19, 1986, on the
date payment of wages would have been made if Complainant had
remained in her employment with Respondents, and continuing until
date of payment.
F. Interest shall be paid
by the Respondents to Complainant Helkenn on the award of compensatory
damages for emotional distress at the rate of ten percent per
annum commencing on June 19, 1986 and continuing until date of
G. Respondents are hereby
ordered to cease and desist from any further practices of hiring
or discharging employees at Echo Valley Country Club on the basis
of their age, except in regard to those positions where an age
requirement is established by law.
H. Respondents' present
management personnel at Echo Valley Country Club shall read, within
60 days of the date of this order, Successfully Interviewing
Job Applicants, a publication which is available from the
Commission or the Job Service of Iowa.
I. Respondents shall post,
within 60 days of the date of this order, in a conspicuous place
at its location at the Echo Valley Country Club, in an area readily
accessible to and frequented by employees, the notice, entitled
"Equal Employment Opportunity is the Law," which is
available from the Commission.
J. All of Respondents' future
job advertising concerning positions at Echo Valley Country Club
shall, for a two year period commencing with the date of this
order, state "An Equal Opportunity Employer".
K. In addition to whatever
recruitment sources it presently uses, Respondents shall, for
a two year period commencing with the date of this order, notify
the Des Moines local office of the Job Service of Iowa of any
waitress, waiter or other Food and Beverage openings which occur
at the Echo Valley Country Club.
L. Respondents shall file
a report with the Commission within 180 calendar days of the date
of this order detailing what steps it has taken to comply with
paragraphs H through K inclusive of this order.
M. To the extent that any exception, appeal, or other objection to any part of this ruling, whether made before the Administrative Law Judge or before the Commission, has not been specifically adopted, rejected, or otherwise decided in this ruling, such exception, appeal or other objection has been considered and is hereby found to be without merit and is overruled.
Signed this the 3rd day of April, 1990.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319