BEFORE THE IOWA CIVIL RIGHTS COMMISSION
JAMES A. MONTZ, Complainant, and IOWA CIVIL RIGHTS COMMISSION,
CIVIL SERVICE COMMISSION and CITY OF ESTHERVILLE, IOWA, Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. Complainant James A. Montz and the Iowa Civil Rights Commission (through
his complaint) are entitled to judgment because they have proven age discrimination
in employment by Respondents Civil Service Commission and City of Estherville,
Iowa in violation of Iowa Code §§ 601A.6(l)(a) and 601A.6(l)(c).
B. Complainant James A. Montz is entitled to a judgment of eleven thousand
nine hundred sixty-three dollars and zero cents ($11,963.00) in back pay
for the loss resulting from Respondents' failure to hire him for the position
of patrol officer.
C. Complainant Montz is entitled to a judgment of ten thousand dollars
and zero cents ($10,000.00) in compensatory damages for the emotional distress
he sustained as a direct result of the age discrimination practiced by the
D. Complainant Montz is entitled to a judgment of one thousand five hundred
forty-four dollars and seventy-one cents ($1,544.71) in compensatory damages
for moving expenses.
E. Complainant Montz is entitled to a judgment
of nine thousand dollars and zero cents ($9,000.00) in compensatory damages
for the loss on sale of his house.
F. Interest at the rate of ten percent per annum shall be paid by the
Respondents to Complainant Montz on his award of back pay, commencing on
the date payment would have been made if Complainant had received employment
with Respondents on November 8, 1989, and continuing until date of payment.
G. Interest at the rate of ten percent per annum
shall be paid by the Respondents to Complainant Montz 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.
H. Interest at the rate of ten percent per annum shall be paid by the
Respondents to Complainant Montz on his award of moving expenses commencing
on May 6, 1991, the billing date set forth in Complainant's exhibit 69,
and continuing until date of payment.
I. Interest at the rate of eight percent per annum shall be paid by the
Respondents to Complainant Montz on his award to compensate for the loss
on the sale of his house, commencing on April 4, 1991, the interest rate
and closing date set forth in Complainant's exhibit 69, 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 Montz and
the Respondents shall submit a written stipulation stating the amount of
attorney's fees to be awarded Complainant. 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 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 attorneys 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 Civil Service Commission and
City of Estherville, Iowa are hereby ordered to cease and desist from any
further use of any maximum age hiring cap, effective immediately. An exception,
necessary for compliance with Iowa Code § 400.17, is that Respondents
need not consider applicants for patrol officer positions who will be over
age 65 at time of appointment.
M. Respondents may, but are not required to, establish any lawful testing
and monitoring programs which they believe are appropriate to the accomplishment
of the public safety goals identified in this case. Such tests shall not
include any age hiring cap not allowed under any other provision of this
order nor shall such tests be conducted in a manner which constitutes illegal
disparate treatment under any basis prohibited by the Iowa Civil Rights
Act. Nor shall Respondents institute any tests known to have a disparate
impact on any basis prohibited by the Iowa Civil Rights Act unless Respondents
demonstrate both (a) that such tests have been validated for job relatedness
under either the procedures set forth at 161 IAC 8.1 et. seq. or the Uniform
Guidelines for Employee Selection Procedures, 29 C.F.R. S 1607.1 et. seq.,
and (b) alternative suitable hiring procedures with a reduced disparate
impact are unavailable.
N. Respondents shall post, within 60 days of the date of this order,
in conspicuous places at its locations in Estherville, Iowa, in areas where
patrol officer application packets are given out, at least two copies of
the poster, entitled "Equal Employment Opportunity is the Law"
which is available from the Commission.
O. All of Respondents' 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. Respondents shall provide for the next three
years, commencing one year from the date of this order, an annual written
report to the Commission, indicating the name, age, address and telephone
number of each applicant for a patrol officer position. Such report shall
indicate whether each applicant made the certified list, whether an offer
was extended to each applicant making the list, and, if the applicant either
failed to make the certified list or to be offered employment as a patrol
officer, set forth the reasons why. The Respondent shall maintain all applications
considered or received over this three year period until four 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 four year period.
Q. Respondents shall file a report with the Commission within 120 calendar
days of the date of this order detailing what steps it has taken to comply
with paragraphs A through I and L through P inclusive of this order.
Signed this the 13th day of July. 1992.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319