King v. Iowa Civil Rights Com'n, 68666

• Decision Date: 18 May 1983
• Docket Number: No. 68666,68666
• Citation: 334 N.W.2d 598
• Parties: 46 Fair Empl.Prac.Cas. (BNA) 747, 33 Empl. Prac. Dec. P 34,255, 11 Ed. Law Rep. 654 Benjamin D. KING, Appellant, v. IOWA CIVIL RIGHTS COMMISSION, Appellee, and Carroll Community School District, Intervenor-Appellee.
• Court: Iowa Supreme Court

Page 598

334 N.W.2d 598

46 Fair Empl.Prac.Cas. (BNA) 747,

33 Empl. Prac. Dec. P 34,255, 11 Ed. Law Rep. 654

Benjamin D. KING, Appellant, v. IOWA CIVIL RIGHTS COMMISSION, Appellee and Carroll Community School District, Intervenor-Appellee.

No. 68666.

Supreme Court of Iowa.

May 18, 1983.

Rehearing Denied June 9, 1983.

William H. Michelson, Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., and Victoria L. Herring, Asst. Atty. Gen., for appellee Iowa Civil Rights Com'n.

Ronald H. Schechtman, Carroll, for intervenor-appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McGIVERIN, LARSON and SCHULTZ, JJ.

McGIVERIN, Justice.

The central issue on this appeal is whether the district court on judicial review erred in holding that the respondent Iowa Civil Rights Commission's order which found no discrimination on the basis of religion was supported by substantial evidence when the record is viewed as a whole. Iowa Code § 17A.19(8)(f) (1981). We, too, find sufficient evidence to support the Commission's finding and therefore affirm the district court.

This is a case of alleged religious discrimination in violation of Iowa Code section 601A.6(1)(a). The stipulated facts show that petitioner Benjamin D. King, a Jew, was employed by intervenor Carroll Community School District (District) as a special education work-study coordinator to perform both teaching and administrative duties. King's contract was for 195 workdays per year rather than the 190 workdays for which regular teachers were employed. King, like all school employees, was allowed two personal leave days per year and was not required to work on regularly scheduled school holidays such as Christmas and Easter. A master contract, or collective bargaining agreement, relating to the employees' work year, existed between the District and the Carroll Education Association, an "employee organization" under Iowa Code section 20.3(4) of which petitioner was a member.

The master contract only provided for payment for school calendar days worked and made no provision for paid time off in order to observe religious or other holidays or vacations. If an employee was absent from work, unless sick or authorized by the school board, the master contract provided for a wage deduction equal to pay for one day of service. In King's case this amounted to one 195th of his annual salary.

In 1977 King requested three days off work in order to observe the Jewish High Holy Days associated with Rosh Hashanah, September 13 and 14, and Yom Kippur, September 22. These three days fell on normal working days under the master contract and school calendar. The District granted King's request, but stated that either he must take unpaid leave for each day off, or he would have to take one day of unpaid leave and use his two days of paid personal leave. King chose the latter.

King then filed a complaint with the respondent agency alleging religious discrimination in violation of Iowa Code section 601A.6(1)(a). After a contested case hearing, the hearing officer entered a proposed decision in King's favor, but the Commission ordered the complaint dismissed. Iowa Code § 601A.15(10). The Commission found no prima facie case of discrimination had been established. Alternatively, the Commission ruled that the School District had reasonably accommodated King's religious beliefs and that no further accomodation could be made without undue hardship to the District.

King filed a petition for judicial review in the district court. Iowa Code § 17A.19. The School District intervened. The district court affirmed the Commission's analysis and order. King now appeals. Iowa Code § 17A.20.

I. Scope of review. We recently discussed our scope of review for appeals from district court judicial review of civil rights complaints in Peoples Memorial Hospital v. Iowa Civil Rights Commission, 322 N.W.2d 87, 90-92 (Iowa 1982). In short, this court sits to correct errors of law made by the district court on judicial review. In so doing, we apply the substantial evidence rule of section 17A.19(8)(f) to determine whether there is sufficient evidence to warrant the decision the commission did make, and accordingly, whether our conclusions are the same as those of the district court. Id.

II. Analytical framework. This is a case of first impression in Iowa concerning alleged religious discrimination. The parties assume our selection of the proper analytical framework for deciding cases under the Iowa civil rights statute, Iowa Code ch. 601A, will be guided by federal cases. Our prior decisions clearly warrant such an assumption. See Iowa State Fairgrounds Security v. Iowa Civil Rights Commission, 322 N.W.2d 293, 296 (Iowa 1982), and the cases cited therein.

The basic allocation of burdens and order of presentation of proof which we have adopted in prior civil rights cases, e.g., Linn Co-operative Oil Co. v. Quigley, 305 N.W.2d 729, 733 (Iowa 1981) (sex discrimination), were set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and refined in Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). By analogy the same burdens and order of presentation of proof which the federal courts use in religious discrimination cases, 42 U.S.C. § 2000e-2(a)(1) (1976), apply to the present case. Iowa Code section 601A.6(1)(a), for the purposes of this case, is materially the same as the federal statute, and we conclude that adoption of the federal analysis outlined below implements the spirit of our statute.

First, the complainant has the burden of proving by a preponderance of evidence a prima facie case of discrimination. Burdine, 450 U.S. at 252-53, 101 S.Ct. at 1093, 67 L.Ed.2d at 215. A prima facie case of religious discrimination is established if the complainant demonstrates

(1) that he or she had a bona fide belief that compliance with an employment requirement would be contrary to his or her religious belief or practice; (2) that he or she informed the employer about the conflict; and (3) that he or she was discharged or penalized for failing to comply with the conflicting employment requirement.

Murphy v. Edge Memorial Hospital, 550 F.Supp. 1185, 1187 (M.D.Ala.1982); Brener v. Diagnostic Center Hospital, 671 F.2d 141, 144 (5th Cir.1982); Brown v. General Motors Corp., 601 F.2d 956, 959 (8th Cir.1979); Anderson v. General Dynamics Convair Aerospace Div., 589 F.2d 397, 401 (9th Cir.1978), cert. denied sub nom. International Ass'n. of Machinists, etc. v. Anderson, 442 U.S. 921, 99 S.Ct. 2848, 61 L.Ed.2d 290 (1979).

If the complainant succeeds in establishing a prima facie case, the burden then shifts to the employer to articulate or introduce evidence to show that he could not accommodate the employee's beliefs without incurring undue hardship. 42 U.S.C. § 2000e(j) (1976); ¹ Brener, 671 F.2d at 144; see also Burdine, 450 U.S. at 253, 254, 101 S.Ct. at 1093, 1094, 67 L.Ed.2d at 215, 216 (burden shifts to defendant to rebut the presumption of discrimination by producing evidence or articulating that the complainant was rejected for a legitimate nondiscriminatory reason). The duty to accommodate in an alleged religious discrimination employment case requires the employer to explore and implement alternatives which are compatible with the employee's religious beliefs without (1) compromising the employment entitlements of other employees or (2) requiring the employer to incur more than de minimis costs. Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 83-84, 97 S.Ct. 2264, 2276-77, 53 L.Ed.2d 113, 130-31 (1977).

Should the employer meet this burden, the complainant then has an opportunity to prove by a preponderance of the evidence that the accommodations offered by the employer were pretexts that merely veiled the employer's discriminatory practices. See Burdine, 450 U.S. at 215, 101 S.Ct. at 1095, 67 L.Ed.2d at 215.

"In these cases, complainant has the burden of proof [to show discrimination in violation of Iowa Code section 601A.6(1)(a) ], not the respondent. The burden of persuasion never shifts." Quigley, 305 N.W.2d at 733.

III. Sufficiency of the evidence. With the above allocation of burdens and order of presentation of proof in mind, we apply the substantial evidence test. Iowa Code § 17A.19(8)(f). Evidence is substantial if a reasonable person would find it adequate for reaching a decision. Peoples Memorial Hospital, 322 N.W.2d at 91.

King alleged that he had been discriminated against in his employment on the basis of his religion. Iowa Code section 601A.6(1)(a) (1977), which is identical to the provision in the current code, provided in part as follows:

1. It shall be unfair or discriminatory practice for any:

a. Person to refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or any employee because of the age, race, creed, color, sex, national origin, religion or disability of such applicant or employee, unless based upon the nature of the occupation....

(Emphasis added.)

The agency ruled (1) that King had failed to establish a prima facie case of discrimination and (2) that even if he had established a prima facie case the District had made reasonable accommodations.

In order to facilitate our application of the substantial evidence test here, it is helpful to view the evidence, which was before the agency as stipulated facts, on a model of our analytical framework.

                                 King                               School District
                ---------------------------------------  --------------------------------------
                ULTIMATE BURDEN OF PROVING
                INTENTIONAL DISCRIMINATION
                REMAINS ON COMPLAINANT
                1.  Prima Facie Case (Proven by
                   complainant)
                   a. Belief he should not work on
                      Rosh Hashanah and Yom
                      Kippur
                   b. Request to District for days
                      off; and
                   c. King

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