Iowa Beer & Liquor Control Department Store 1023 v. Iowa Civil Rights Commission

337 N.W.2d 896, 48 Fair Empl. Prac. Cas. (BNA) 1559, 1983 Iowa App. LEXIS 1618
CourtCourt of Appeals of Iowa
DecidedJune 28, 1983
Docket2-68272
StatusPublished
Cited by4 cases

This text of 337 N.W.2d 896 (Iowa Beer & Liquor Control Department Store 1023 v. Iowa Civil Rights Commission) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iowa Beer & Liquor Control Department Store 1023 v. Iowa Civil Rights Commission, 337 N.W.2d 896, 48 Fair Empl. Prac. Cas. (BNA) 1559, 1983 Iowa App. LEXIS 1618 (iowactapp 1983).

Opinions

SNELL, Judge.

Claimant, Leona Brown, was hired as a liquor store clerk and worked for approximately eight months notwithstanding the fact that a physical disability (heart condition) prevented her from lifting more than ten pounds. Claimant performed such tasks as operation of the cash register, bookkeeping, dusting, checking in of orders, and light lifting. The written policies of the petitioner-employer, Iowa Beer and Liquor Control Department, require all liquor store clerks to be able to perform every task enumerated in the job description, of which some involve lifting moderately heavy objects. On forms filed with the employer claimant stated that she had no physical disability, but she testified at trial that she did not conceal her condition from the various store managers for whom she worked. She was fired after her condition was discovered by higher levels of management. She then filed a complaint with the Iowa Civil Rights Commission alleging that her termination resulted from disability discrimination. The Commission found in claimant’s favor, ordered claimant reinstated in her job, and awarded backpay of $18,076.20. On judicial review, the district [897]*897court reversed, determining that the ability to lift more than ten pounds was a bona fide occupational qualification and that the employer had not failed to reasonably accommodate claimant’s handicap.

Respondent Iowa Civil Rights Commission appeals from the district court decision which vacated the Commission’s order and dismissed the complaint. We reverse and remand.

Section 601A.17(1) of the Iowa Civil Rights Act of 1965 and Chapter 17A of the Iowa Administrative Procedure Act provide for judicial review of final agency action. See Iowa Code section 17A.19 (1983). The district court, when exercising the power of judicial review conferred by section 17A.19, functions in an appellate capacity to correct errors of law as specified in section 17A.19(8). Iowa Public Service Co. v. Iowa State Commerce Commission, 263 N.W.2d 766, 768 (Iowa 1978). “Thus, when this court reviews a decision of a district court rendered pursuant to section 17A.19, the sole question is whether the court correctly applied the law. In order to make that determination, this court applies the standards of section 17A.19(8) to the agency action to determine whether this court’s conclusions are the same as those of the district court.” Jackson County Public Hospital v. Public Employment Relations Board, 280 N.W.2d 426, 429-30 (Iowa 1979).

Section 17A.19(8) provides:

The court may affirm the agency action or remand to the agency for further proceedings. The court shall reverse, modify, or grant any other appropriate relief from the agency action, equitable or legal and including declaratory relief, if substantial rights of the petitioner have been prejudiced because the agency action is:
a. In violation of constitutional or statutory provisions;
b. In excess of the statutory authority of the agency;
c. In violation of an agency rule;
d. Made upon unlawful procedure;
e. Affected by other error of law;
f. In a contested case, unsupported by substantial evidence in the record made before the agency when that record is viewed as a whole; or
g.Unreasonable, arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

If our application of these standards leads us to the same conclusion as that reached by the district court, affirmance is in order. If not, reversal may be required. 280 N.W.2d at 429-30.

Iowa Code section 601A.6(l)(a) makes it an unfair or discriminatory employment practice for any person to refuse to hire or to discharge any applicant or employee because of a disability, “unless based upon the nature of the occupation.” This exception has been construed as “akin to the ‘bona fide occupational qualification’ exception present in the federal fair employment legislation.” Cedar Rapids Community School District v. Parr, 227 N.W.2d 486, 492 (Iowa 1975). Title VII of the Civil Rights Act provides, in pertinent part, that it shall not be an unlawful employment practice for an employer to employ an individual “on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupations qualification reasonably necessary to the normal operation of that business or enterprise ...” 42 U.S.C.A. § 2000e-2(e) (West 1981) (Civil Rights Act of 1964).

Our first task on this appeal, then, is to review the record as a whole to determine whether the Commission’s conclusion that the claimant’s discharge was not “based upon the nature of the occupation” was supported by substantial record evidence. See Iowa Code §§ 17A.19(8)(f); 601A.6(1)(a); Woodbury County v. Iowa Civil Rights Commission, 335 N.W.2d 161 at 164 (Iowa S.Ct.1983). The hearing officer, in its proposed decision which was later adopted by the Iowa Civil Rights Commission as its own findings of fact, conclusions of law, and order on November 10, 1980, made the following findings of fact: That claimant discussed her heart condition with the store manager at the time of her appli[898]*898cation and was told that there would be no restrictions on her work duties; that she also discussed her condition with the next acting manager and thereupon was not assigned to any jobs involving heavy lifting; that during the time claimant worked at the Burlington store only one full time employee could do any lifting, while the other three could not; that claimant’s work was rated “satisfactory” in July of 1977 by the assistant manager; that the new manager, Betty Ward, did not notice for one to two weeks that claimant was not doing lifting, at which time she contacted the store operations manager for the department; and that testimony by the witnesses was fairly consistent that the store could operate more efficiently with liquor store clerks who could perform all the job functions in the job description, but that it could still operate efficiently with claimant working there without doing any lifting. We have reviewed the record and find that while conflicting evidence was presented with respect to some of these findings, each nevertheless was supported by substantial evidence. On the basis of these findings we conclude that it cannot be said that the ability to lift moderately heavy objects, albeit listed as a requisite on the job description statement, was a “bona fide occupational qualification reasonably necessary to the normal operation” of the business. 42 U.S.C.A. § 2000e-2(e) (West 1981). Petitioners have failed to show that the discharge was “based upon the nature of the occupation,” See Iowa Code § 601A.6

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Bluebook (online)
337 N.W.2d 896, 48 Fair Empl. Prac. Cas. (BNA) 1559, 1983 Iowa App. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iowa-beer-liquor-control-department-store-1023-v-iowa-civil-rights-iowactapp-1983.