DEBRA S. HOFFMAN, Complainant,
IOWA CIVIL RIGHTS COMMISSION
MAMA LACONA'S - WEST, JIM LACONA, and JOEL LOPEZ, Respondents.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Iowa Civil Rights Commission and the Complainant, Debra Hoffman, are entitled to judgment because they have established that the prohibition against sex discrimination in employment, set forth in Iowa Code section 216.6, was violated by the Respondents Mama Lacona's-West, Jim Lacona, and Joel Lopez, and that the prohibition against discrimination or retaliation directed toward persons who lawfully oppose discrimination, set forth in Iowa Code Section 216.11, was violated by Respondent Mama Lacona's-West.
B. Complainant Hoffman is entitled to a judgment of two thousand seven hundred seventy-three dollars and seventy-seven cents ($2773.77) in back pay for the loss resulting from her retaliatory discharge by Respondent Mama Lacona's-West.
C. Complainant Hoffman is entitled to a judgment of seven thousand five hundred dollars ($7500.00) in compensatory damages against Respondent Mama Lacona's-West for the emotional distress she sustained as a result her retaliatory discharge by that Respondent.
D. Complainant Hoffman is entitled to a judgment of twenty thousand dollars ($20000.00) in compensatory damages against Respondents Mama Lacona's-West, Jim Lacona, and Joel Lopez for the emotional distress she sustained as a result of the sexual harassment for which these Respondents were responsible.
E. Interest at the rate of ten percent per annum shall be paid by the Respondent Mama Lacona's-West to Complainant Hoffman on her award of back pay commencing on the date payment would have been made if Complainant Hoffman had remained in her employment with Mama Lacona's-West and continuing until date of payment.
F. Interest shall be paid by the respective Respondents to Complainant Hoffman on the above awards of compensatory damages for emotional distress at the rate of ten percent per annum commencing on the date this order becomes final, either by Commission decision or by operation of law, and continuing until date of payment.
G. The Respondent Mama Lacona's-West shall provide, by affidavit, the amount for one half the total premium cost for health insurance which would have been provided by the Respondent for the Complainant if her employment had continued for the period from November 1, 1993 to December 20, 1994. On enforcement of the Commission's order, this affidavit shall be provided to the district court for determining the amount of health insurance premiums to be awarded Complainant Hoffman. Such amount shall then be paid by Respondent Mama Lacona's-West.
H. Within 45 calendar days after 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's attorneys. If 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 the 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 the final order in this case, 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.
I. 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.
J. Respondents are assessed all hearing costs allowed by Commission Rule 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.
K. Respondents Mama Lacona's West, Jim Lacona, and Joel Lopez are hereby ordered to cease and desist from any further practices of sex discrimination or retaliation.
L. Respondent Mama Lacona's -West shall post, within 60 days after the date of this order, in a conspicuous place at its location at Clive, Iowa, in areas readily accessible to and frequented by employees, the notice, entitled "Equal Employment Opportunity is the Law" which is available from the Commission.
M. All of Respondent Mama Lacona's-West management personnel, including Respondent Jim Lacona as well as all present incumbents of those positions held in 1993 by Charles Lacona, Joe Lacona, and David Lihs, shall be directed to read, and shall read, within 90 days after the date of this order, the leaflet Sexual Harassment in the Workplace which is available from the Commission. In addition, all food servers and kitchen staff shall be provided with and directed to read the publication Sexual Harassment in the Workplace. Respondent Mama Lacona's West shall, at its own cost, make a Spanish translation of this publication available to members of the kitchen staff whose primary language is Spanish.
N. Respondent Mama Lacona's-West shall, within 180 days after the date this order, develop a proposed plan of education and training for all management personnel, including Respondent Jim Lacona as well as all present incumbents of those positions identified in paragraph M above, in the prevention, detection, and correction of sexual harassment; and pertinent grievance procedures in regard to such harassment. This plan shall be subject to the review and approval of the Commission's representative. The plan shall be implemented within 210 days of this order unless an extension is approved by the Commission's representative.
O. Respondent Mama Lacona's-West shall, within 180 days of this order, develop a proposed plan of education and training for all personnel, informing them about what behavior constitutes sexual harassment in employment and that this behavior is prohibited. During this education and training, all employees will be informed of appropriate grievance procedures to follow in the event they become aware of such harassment. They shall also be informed in writing that those employees who sexually harass other employees shall be subject to discipline up to and including immediate discharge from employment. Respondent Mama Lacona's West shall, at its own cost, make a Spanish translation of this policy available to members of the kitchen staff whose primary language is Spanish. This plan shall be subject to the review and approval of the Commission's representative. The plan shall be implemented within 210 days of this order unless an extension is approved by the Commission's representative.
P. Respondent Mama Lacona's-West shall develop, within 120 days of the date of this order, written policies on sexual harassment which shall include an effective grievance procedure. Copies of the grievance procedure shall be provided to each employee. Respondent Mama Lacona's West shall, at its own cost, make a Spanish translation of this grievance procedure available to members of the kitchen staff whose primary language is Spanish. 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 the Respondent.
Q. Respondent Mama Lacona's-West shall file a report with the Commission within 210 calendar days of the date of this order detailing what steps it has taken to comply with paragraphs B through G and L through P inclusive of this order.
Signed this the 28th day of March 1996.
DONALD W. BOHLKEN
Administrative Law Judge
Department of Inspections and Appeals
2nd Floor, Lucas Bldg.
Des Moines, Iowa 50319-0083