Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 1 of 21

IN THE STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA
DAVENPORT DIVISION

RONALD D. LOGSDEN, )

) Case No. CV'09-108

Plaintiff, )
)
vs. ) COMPLAINT AN DEMA
) FOR JURY TRIAL
CITY OF IOWA CITY, )

)
Defendant. )

COMES NOW plaintiff, Ronald D. Logsden, by and through counsel,

Thomas E. Maxwell and Leff Law Firm, L.L.P.; 222 South Linn Street,

P.O. Box 2447, Iowa ty, Iowa 52244 - 244 7; Telephone: 319/338-7551;

Facsimile: 319-338-6902; e-mail: maxwell(Qlefflaw.com; and for his

cause of action against defendant, City of Iowa City, states as

follows:
PARTIES

1. Plaintiff, Ronald D. Logsden (ULogsden"), is an individual

residing in Iowa City, Johnson County, Iowa.

2. Defendant í of Iowa city ("Cityll), io a municipal

corporation located in Johnson County, Iowa.

JUISDICTION
3. This civil action arises inter alia under 42 U.S.C. §§12101

et seg. and 29 U.8.C. §794. The court h.as or SUpplelìlental

 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 2 of 21

j sdiction of the state court claims as these claims arise out of a

nucleus of operat facts common to the federal law claims raised

this complaint.

FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

4. Logsden served as the City's Transit Manager in City's

Parking and Transit Department from May 1994 to July 2008.

5. In 1998, while employed by the City, Logsden received a 30%

allergy induced asthma disability rating and 10% chronic sinusitis

disability rating, for a total disability rating of 40%, from the

Veterans Administration (VA). The City was aware of the VA's rating.
6. On January 16, 2008, Logsden suffered a heart attack at
work causing him to be absent from work for a period of time.

7. Logsden was subsequently diagnosed with reactive airways

dysfunction syndrome, nonischemic dilated cardiomyopathy ( heart

failure with a 30% ejection fraction), fixed airway obstruction and

allergy induced asthma.

8. In or around Spring 2008, Logsden's supervisor, Parking and

Transi t Director Joe Fowler, notified the City of his retirement

effective July I, 2008.

9. On or around June 2008, the City appointed the Parking

Manager, Chris 0' Brien, as acting Parking and Transit Director.

10. In May 2008, Logsden responded to the City's internal

posting for the position of Parking and Transit Director and applied

2
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 3 of 21

11 . The ci ty did not interview Logsden, or any other

candidates, for the Parking and Trans Director position.
12. The City terminated Logsden's emploYment on July II, 2008.

13. After the City terminated Logsden's emploYment on 11,

2008, Chris 0' Brien, act Parking and Director, made a
proposal to the City Manager on July 16, 2008, to reorganize the

Department of Parking and Transit into the Department of

Transportation Services. s reorganization would eliminate the
posit of Parking and Transit Director, Transit Manager, and
Parking Manager, and¡ instead, create two new positions:
Transportat Services and Transportation Services
Associate Director.
14. The City Council approved the reorganization of the
Department of Parking and Transit on October 9, 2008 ¡ and the Ci

Manager appointed Chris 0' Brien as Transportation Services Director

effective October 13, 2008.

15. Logsden responded to the City's October 23, 2008 posting of

the Transportation Services Associate Director position and applied

for the job.

16. In December 2008, Chris 0' Brien informed Logsden that he

would not be interviewed for the posit Transportation Services

Associate Director.
17. At all times material to this suit, Logsden has been a
qualified individual with a disability within the meaning of 42
U.S.C. §12111 (8) , Iowa Code Ch. 216, and Section 504 of the
3
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 4 of 21

li tat Act as a result of actual disabil a

record of sabil , or regarded as sabled.
18. Logsden's disabil significantly limited his to
breathe, work, walk and perform manual tasks.

19. At all t material to this suit, Logsden was

with or without accommodation, of performing the essential functions

of the pos ions of Transit Manager, Parking and Transit Director and

Transportation Services Associate Director.

20. As a result of Logsden's condition, he made a request to

City for a reasonable accommodation.

21. At all times relevant to this action¡ City was an employer

within the meaning of 42 U.S.C. §12111(5) and Iowa Code §216.2(7).

22. At all times relevant to this action, City engaged or

participated activities that recei ved federal
programs or
financial assistance within the meaning of Section 504 of the
Rehabili tation Act.

23. On November 25, 2008, Logsden timely filed a complaint of

discrimination with the Iowa Civil Rights Commission which was cross-

filed with the Equal EmploYment Opportunity Commission. (Exhibit

UA", attached hereto and incorporated herein by this reference, is a

true and correct copy of said complaint.)

24. Logsden thereafter requested and received Notices of Right

to Sue from the Iowa Civil Rights Commission, and from the Equal
EmploYment Opportunity Commission. (Exhibits UB" and "C" ,
respectively, attached hereto and by
4
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 5 of 21

reference, are true and correct copies of not s or letters of

Right to Sue.)

25. Logsden has exhausted all administrat remedies and s

petition is f ed ninety (90) days of the issuance and receipt

of the Notice of Right to Sue.

COUNT I. - DISABILITY DISCRIMINATION - ACTUAL DISABILITY

(42 U.S.C. §12101 ET. SEQ.- AMERICANS WITH DISABILITIES Z1.CT)

26. Logsden repleads the allegations of paragraphs 1 through 25

of Peti tion as though ful set forth here

27. ty's termination of Logsden ¡ s employment because of

phys sab i 1 consti tuted illegal scrimination against a

qualified individual with a disabil and therefore violated 42
U.S.C. §12112.

28. Beginning on or about April 2008, and at all times

made no effort and failed to accommodate ,s

disabili ty, all violation of 42 U.S.C. §12112 (5) (5).

29. City's failure to interview or hire Logsden for Parking and

Transit Director and for Transportation Services Associate Director

were in violation of the 42 U.S.C. §12101.

30. As a proximate result of City's unlawful discrimination

Logsden due t.o the loss of

and other employment benefits, both past and future, and due to

emotional distress, suffering, mental anguish, and loss of enj oyment

of life.

5
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 6 of 21

WHEREFORE 1 iff, Ronald D. Logsden, respectful prays for

judgment against defendant, City of Iowa as follows:

A. Damages for his lost wages and employment benefits to

date and the future i
B. Compensatory damages in an amount which reasonably
and adequately compensates him for his losses i
C. Attorney's fees and the costs of this action; and
D. Such other and further equi table rel f as the court
deems proper.

COUNT II. - DISABILITY DISCRIMINATION -REGARDED AS DISABLED

(4:2 U.S.ç. §12101 ET. 8EQ. - AMERIC~~S WITH DISABILI~IES ACT)

31. Logsden repleads the allegations of paragraphs 1 through 30

of this Petition as though fully set forth herein.

32. At all times material to this Petition, City regarded

Logsden as having a physical impairment.

33. ty's termination of Logsden's employment because

regarded him as having a physical impairment constituted illegal
discrimination in violation of 42 U.S.C. §12112.

34. City's failure to interview or hire Logsden for the Parking

and Transit Director position and the Transportation Services

Associate Director position because it regarded Logsden as disabled

constituted illegal discrimination in violation of 42 U. S. C. §12112.

35. As a proximate result of City's unlawful discrimination

against Logsden, Logsden has sustained damages due to his loss of

wages and other emploYment benefits, both past and future, and due to

6
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 7 of 21

emot stress, suf , mental anguish, and loss enjoyment of

life.
WHEREFORE¡ plaintiff, Ronald D. Logsden, respectful prays for
judgment against defendant, City of Iowa City, as follows:

A. Damages for his lost wages and emploYment benefits to

date and in the future i
B. Compensatory damages in an amount which reasonably
and adequately compensates him for his losses i
C. Attorney's fees and the costs of this actioni and
D. Such other and further equitable rel f as the court
deems proper.

COUNT III. - DISABILITY DISCRIMINATION - RECORD OF DISABILITY

(42 U.S.C. §12101 ET. SEQ. - AMERICANS WITH DISABILITIES ACT)

36. Logsden repleads the allegations of paragraphs 1 through 35

of this Petition as though fully set forth herein.

37. At all times material to this Petition, City regarded

Logsden as having a physical impairment.

38. City's termination of Logsden's emplOYment because he had a

record of having a disability constituted discriminat in

violation of 42 U.S.C. §12112.

39. City's failure to interview or hire Logsden for the Parking

and position and the Transportation Services

Associate Director position because he had a record of having a
disability constituted illegal discrimination in violation of 42

U.S.C. §12112.

7
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 8 of 21

40. As a proximate result of s unlawful discriminat

against Logsden, Logsden has sustained damages due to his loss of

wages and other employment benefits, both past and future, and due to

emotional distress, suf , mental anguish, and loss enj oYfent of

life.
WHEREFORE ¡ iff, Ronald D. Logsden, respectful prays for
judgment against defendant, City of Iowa City, as follows:

A. Damages for his lost wages and emploYfent benefits to

date and the future i
B. Compensatory damages in an amount which reasonably
and adequately compensates him for his losses i
C. Attorney's fees and the costs of this actioni and
D. Such other and further equitable relief as the court deems
proper.

(CH. 216 CODE OF IOWA - IOWA CIVIL RIGHTS ACT)

41. Logsden repleads the allegations of paragraphs 1 through 40

of this ion as though fully set forth herein.

42. The City's termination of Logsden, its failure and refusal

to accommodate Logsden's disability, and its failure to interview or

hire Logsden for the positions of Parking and Transit Director and

for Transporta t ion Services Associate Director of Iowa City

constitutes illegal discrimination against IJogsden because of

disability and violated the Iowa Civil Rights Act of 1965, Iowa Code

§216.1 et seq.

8
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 9 of 21

3. As a resul t of 's unlawful

against Logsden, has sus damages due to his loss of

wages and other employment benef s, both past and future, and due to

emotional distress, suffering, mental anguish, and loss enj oyment of

life.
WHEREFORE¡ plaintiff, D. Logsden, respectful prays for
judgment against defendant, City of Iowa City, as follows:

A. Damages for s lost wages and employment benefits to

date and in the future;
B. Compensatory damages an amount which reasonably
and adequately compensates him for his losses;

C. Attorney's fees and the costs of this actioni and

D. Such other and further equitable relief as the court
deems proper.

(29 U.S.C. &794 - REHABILITATION ACT OF 1973)

44. Logsden repleads the allegations of paragraphs 1 through 43

of this Petition as though fully set forth herein.

45. The City's termination of Logsden, its failure and refusal

to accommodate Logsden's disability, and its lure to interview or

hire Logsden for the positions of Parking and Transit Director and

for Transportation Services Associate Director of Iowa City

constitutes illegal discrimination against Logsden because of his

disability and violated the Rehabilitation Act of 1973, 29 U.S.C.

§794.

9
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 10 of 21

46. '"AC';: a resul t of , s unlawful

t Logsden, Logsden has damages due to s loss of
wages and other emploYment benefits, both past and future, and due to

emot stress, suffering, mental anguish, and loss oyment of

life.
WHEREFORE¡ plaintiff, Ronald D. Logsden, fully prays for

judgment against defendant, City of Iowa City, as follows:

A. Damages for s lost wages and employment benefits to

date and in the future;
B. Compensatory damages an amount which reasonably
and adequately compensates him for his losses;

C. Attorney's fees and the costs of this actioni and

D. Such other and further equitable relief as the court deems
proper.

DE~~ FOR JURY TRIAL

COMES NOW plaint C Ronald D. Logsden, and hereby demands trial

by jury of all the issues herein.

Thomas E. Maxwè.ii,
'';'"' AT0005004
LEFF LAW FIRM, L. L . P .
222 South Linn Street
P . O. Box 2447
Iowa City, Iowa 52244-2447
Telephone: (319) 338-7551
Facsimile: (319) 338-6902
E-mail: maxwel0lefflaw.com
ATTORNEY FOR PLAINTIFF

Dml/TEM/Logsden 0609 Pet&JD

10
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 11 of 21

Complaint Discriminatìon under Iowa Chapter 216, "Iowa Rights Act

A copy of this complaint wil sent to the Organization or person you are fìling against.

USE ONLY)
Commission
Street.

OR PRINT)
1. What is your legal name? ßonald Dale

What is your mailing address? 1311

Grass

City:_lowa State: Zip Code:

Telephone -~---"'-- 319-339-4831

Your date of birth? 9-6 Your

Your Race? National Origin?

ì
discrimination. ,"vas because .., J
5. Check reason
Indian

Because I filed a prìor civil rights complaint, opposed a

a

~""'.,

'ëXIBIT="A"'/ .
pages)
Page 1 of6 (Page ..of~(t
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 12 of 21

m occurred.

took you. all apply)

that the

17 ailure to Train
Demotion
17 orced to Quit/Retire
Denied Accommodation/Modification
Harassment
Denied Benefits
Laid-Off/ Failure to Recall
Denied Financial Services/Credit
Reduced Hours
Reduced Pay
Discip Iined/S uspended
Sexual Harassment
Eviction
to 'ferminated
to Undesirable
to

do
on one

~.
that
with discrimination and wií be given a copy üf yom-

City

address? _ 410 E \Vashington

__JoOOson__-
319~__ 5

the organization listed #8.

9. Name the Organization or Corporate Office of

(This Organization wil also be charged with discrimination and wil be given a copy of your complaint.!

What is their mailing

City: State:

Zip Code: Telephone #: ( )

,.~"".

10. Where did the discrimination occur?

County: _Johnson_ State: _Iowa

CitY'

EXíBlt'~E0%~~'''~;¡-;;;;-
Page 2 of6 (page " of fp pages)
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 13 of 21

1200 o E \ìl ashington

organization
1. What

Services to cItizens Iowa,

approximate
natiomvide ----_._~--~~--~-

1 19 101-200 -500 500+

4

Federal, or anti-discrimination
Have filed cOI1iplaint
es

Wben? ---'-_._--

.. .,i . ,r ..
If you are claiming harassment. who harassed vou?
person wil be charged with discrimination and wil be given a copy of
your complaint.)

Name:
Title:
--,----------------,.
or Address:

Name:
Title:
or I-lome

Name:
Title:
Work or Home

15. What was the date of

the MOST RECENT discriminatory incident? (Month Day, Year)

October 13,

16. If Employment is the i\rea, what is your hire date or application date?
,

(Month Day, Year) .

_original employment datt May 4, 1994, application for promotion date May 19,2008_

XNo
Axe you stil employed by the Organization listed in #8'1

EXIBIT A
Page 3 of6 (Pge .: or to pages)
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 14 of 21

no, 11,

no,
state basis/
\;vas/were a factor you were treated. Please be sure to address action you
(Please DO identify people who may be witnesses in support
complaint) before brie/summary.)

i am a disabled Desert veteran with a 40% rating rrom the Department

eterans since 1997, for Allergy Induced Asthma/Reactive Airway
Syndrome and 1 for recurring sinus inrections. was a\vare
in 1997 when I was determined to be disabled.

January 16, 2008 1 attack at work went to room at

Hospital in with myocarditis and pericarditis and a
block and heart catheterization a
I was hospital

appointment cardiologist on 21, 2008. this

and was told I could return to work the roll
0 wing day. Upon returning to
two hours in 1 sick and went home after rour
happened three times attempted to retum to the
days I 1 was

doctor told me I could not return to work

of the poor quality and respiratory irritants in building.
diesel from the transit and methane. The Transit Building is constructed on the
dump and methane have been an ongoing issue in the building.

On February 1 2008 I had a echocardiogram of

my hear and it showed that I had developed
nonischemic dilated cardiomyopathy with a 30% ejection fraction. After having a
pacemaker/defibrilator implarited and time to heal, I a pulmonary stress test done and my
cardiologist released me to return to to a clean office environment without airway irritants.

April 2008 I called my boss and asked to be allowed to return to work in my position as the
Transit Manager. I requested that my office be relocated to the Court Street Transportation
Ccnler,which is owned Iowa City Transit, or attempt to clean up the air quality in the offce
area of the transit building enough to allow me to return to work. April 7, 2008, my boss ci;lled
me back and said he had spoken to the Acting City Manager and they decided that they would
not allow me to relocate my office. They also would not allow me to work because they feít that'
the air quality in the transit building could not be cleaned up snfficiently to allow me to retui:n to
work there. No alternatives were offered to accommodate my disabilty and potentially allow me
to return to work.

EXIBIT
Page 4 of6 , a of Co pages)
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 15 of 21

April 8
could do most
ordinary job caveaiwas environment mUST a
ail' diesel, and smo.ke.

2008, I contacted new Manager of ,requesting a

to discuss possibility me returning to work. I prepared the meeting with ideas
accommodations would enable me to return to work. We met on June 2008 about
5 minutes. During I was informed that "logistically, the was not going to be
able to accommodate restrictions." I was not given an to otTer
possible accommodations nor were potential accommodations by the
Manager.

On June 2008 I received an e-mail from the Personnel Department stating that they were
notified that my work restrictions could not be accommodated and that I would not be able to
return to the Transit :iVlanager position. also stated the positíon was to be posted for
applications that day or next.

researching requirements, I called Personnel Administrator requested

a copy of their ADA Interactive that had never such a plan, but
would check into it. Later that afternoon she sent me an e-mail stating: checked and the
doesn't have a written policy on "interactive ADA process."

On May 14, 2008 the position of Parking and Transit Directorwas posted internally for current
City employees to apply. I turned in my application for the position on May 19,2008 prior to
the deadline for the posting. I never heard anything from the City regarding the status of
application so 1 caned aÜer approximately a month and was told by Personnel that they did not
know the for interviews for the position. City Manager had me at our June 24
meeting that he was going to do a more extensive search for the position. position was
never advertised again intemally or extemally. On October 2008, I received a letter from the
Personnel Administrator stating that the Parking Manager had been "appointed" as Parking and
Transit Director effective October 13, 2008. Despite applying for the job, 1 was never
interviewed. The person appointed to the position has significantly less experience than I do in
the industry and with the City.

On July 2008,1 received a letter from the city's Personnel Department stating that I was going
to exhaust my accruals and move into Leave Without Pay Status on July 11,2008.

Sinee my discharge, the City has reorganized the Parking and Transit Department into the .'.
Transportation Services Department. In doing so, they eliminated two jobs (my former pošition
of Transit Manager and the Parking Manager position) and created one position of Assocìa~
Director- Transportation Services. The deadline for applying for the Associate Director- .

November 13,2008. i
for this job~'9n
Transportation Services job was November 14,2008. I turned in my application

I believe I have been discriminated against on a number of fronts. The City never entered into a
meaningful ADA Interactive Process so that we could discuss the possibility of my returning to

Page 5 of6
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 16 of 21

I was
I not opp01iunity to
a person v,/Îth less was job.
and a to promote issue because afmy disability.
would not an for
pursuant to the and
that the preceding

Intaker "l4auie: Phone: 1 9: ext. 1-4430 or 515~281-4430.

Intaker Name: Phone: 9: ext. 1-4437 or 515-281-4437.

of (p DageS)
Page 6 of6
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 17 of 21

CHESTER J. CULVER, GOVERNOR IOWA CIVIL RIGHTS COMMISSION

PATTY JUDGE, LT, GOVERNOR RALPH ROSENBERG
EXECUTIVE DIRECTOR

4/22/2009

MR. RONALD LOGSDEN

1311 PRPdRIE GRASS
IOWA CITY, IA 52246-0000

RE: CITY OF !O'WA CITY

CP# 11-08-56337
26A-2009-00307C

Dear MR. RONALD LOGSDEN:

Enclosed is the 'Right-to-Sue' letter as you requested.
Since the Right-to-Sue letter was granted, the Iowa Civil Rights Commission (ICRC) has
administrativelv closed the case cited above effective the date of this letter. ICRC wil take no further
action on this case.
Once the Right-to-Sue is granted, both parties have the right to request a copy of the file.
Please be aware there is a charge for copying,
You have ninety days (90) from date of letter to initiate or file a lawsuit against the
Respondent in District Court. If you have not retained an attorney, you may wish to contact the Iowa
Bar Association's Lawyer Referral Services at 1-800-532-1108. A copy of the Right-to-Sue letter is
being sent to Respondent(s) for their information.

Thank you for your cooperation.

Sincerely,
Iowa Civil Rights Commission

Enclosure: Right-to-Sue letter

CC: File
THOMAS MAXWELL, Complainant's Attorney

Grimes State Office Building, 400 E 1 Street, Des Moines, Iowa 50319-1004
515281,4121 I 18004574416 I Fax 515242,,5840
http://ww.state.ia.us/govern ment! ere
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 18 of 21

To: )

MR LOGSDEN
1311 PRAIRIE GRASS
IO\JJA lA 52246-0000
Complaint CP# 11-08-56337
)
) iowa Civil Rights Commission
) Grimes State Office Building
) 400 14th Street
Des Moines Iowa 50319
EEOC# 26A-2009-00307C

This is your Administrative Release (Right-To-Sue) Letter issued pursuant to Iowa Code Section
216.16 and 161 Iowa i\dministrative Code Section 3.10. It is issued pursuant to the Complainant's
request.

following conditions have been met:

1 . complaint was fied with Iowa Civil Rights Commission (ICRC) as provided in
Iowa Code Section 216.15(12);

Sixty (60) days have expired since the complaint was filed with ICRC;

3. None of the exceptions set in Administrative 161 - 3.10(4) are applicable.

\J/ith this Administrative Release, the Complainant has the right to commence an action in state
district court That action must be commenced within ninety (90) days the issue date 4/22/2009.
The Right-to-Sue Letter is not a finding by ¡CRC on the merits of the charge. ¡CRC will take no
fwther actions in this matter.

A copy of this Administrative Release/letter of Right-To-Sue has been sent to the Respondent(s) and
counsel(s) as shown below. The Code allows any part to obtain a complete copy of the case file
after a Right-To-Sue has been issued. Requests for copies should be directed to Marcía Coverdale
at ICRC.

The Iowa Civil Rights Commission

Phone: (515) 281-4121
FAX: (515) 242-5840

cc: File
THOMAS E. MAXWELL, Complainant's Attorney
SARAH HOLECHEK, Respondent's Attorney
CITY OF IOWA CITY

ICRC/S36 (24)
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 19 of 21

310 West Wisconsin A venue, Suite 800

MiIwaukec, \VI 53203-2292
Intake Information Group: (800) 669-4000
Intake lliforina1íon Group TTY: (800) 669-6820
Milwaukee Status Line: (866) 408-8075
Milwaukee Direct Diu!: (414) 297-1 i 12
(' 1 (414) 297-11 15
~,J .t, FAX (414) 297-4133 & 3146

26A-2009-00307
Number: 11

vs.

I have above-referenced file the charge

against City of Iowa

On 2009,. Logsden requested a Right-to-Sue of this from the State of Iowa,

Iowa Civil Rights Commission.

2009, the parties the had been withdrawn; but

the Right-to-Sue in for Mr. to proceed is .S. Court.

is now attached. . Logsden no\l; has 90-days the receipt

right-to-sue to pursue the matter in federal court.

\ ./. -A'''~-
.)'.'
i /
'"., 0-
~QSince ly, ~¿
Roxanne M. Kitzman ' ·
State and Local Coordinator

Cc: LeffLm;v LLP.

ATTN: Atty. Thomas E. Maxwell
222 South Linn Street
P.O.Box 2447
Iowa City, IA 52244
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 20 of 21

COMMISSION

ON F?EQUEST)
To: Ronald D. logsden From: Milwaukee Area Office
1311 Prairie Grass lane 310 West Wisconsin Ave
Iowa IA 52246 Suite 800
Milwaukee, WI 53203

On behalf of person(s) aggdeved whose identiy is

CONFIDENTiAL (29 CFR §1601. 7(a))

EEOC Charge No. EEOC Representative Telephone No.

Roxanne M. Kitzman,
26A-2009-00307 State .& Local Coordinator (414) 297-1112
(See a/so the addiiona/ information enclosed with this
NOTICE TO THE PERSON AGGRIEVED:
Title Vii of the Civl! A.ct of '!964 and/or the .Ämericans with Disabilties Act (ADA): This is your Notice of Right to issued
under Títe Vii and/or the ì\DA based on the above-numbered It has been issued at your request. Your iawsuit under Title Vii or
the ADA must be filed in a federal or state court of your receipt of ':his notice; or your right to sue based on this
wíl be lost. (The time limit for fîíng suiì based on a state claim may be different.)

o More than Î 80 have since ìhe filing of this charge.

Less than Î 80 days have passed since the filing of this charge, but I have determined that it is that the EEOC
be abie to compieìe lts administrative processing within 180 days from the of this charge.

The EEOC is terminating its processing of this charge.

The EEOC will continue to process this charge.

Age Discrimination in Employment P,ct (ADEA): You may sue under the ADEA at any tlme from 60 days after the charge was filed unW
90 days after you receive notice that we have completed action on the charge. In this regard, the paragraph liiarked below applies to
your case:

D The EEOC is dosing your case. Therefore, your lawsuit under the ADEA must be filed in federal or state court
of your of this Notice. OtherNise, your to sue based on the above-numbered wil be lost.

The EEOC is continuing its of your ADEA case. However, if 60 days have passed since the fiing of the charge,
you may fie suit in federai or staìe court under the ADEA at this time.

Pay Act You already have the rightto sue under the EPA (filng an EEOC charge is not required.) EPA suits must be brought
in federal or staìe court within 2 years (3 years for willful violations) of the alleged EPA underpayment This means that backpay due for
any violations that occumid more than:; years (3 years) before you fie suit may not be collectible.

If you fie suit, based on this charge, please send a copy of your court complaint to this offce.

behalf of the Commission

01
Enclosures(s) (Date Mailed)

1I

cc: CITY OF IOWA CITY left law FIrm, L.LP.

ATTN: Atty. Sarah Holechek - Legal Department A TIN: Atty. Thomas E. Maxwell
410 East Washington Street 222 South Unn Street
Iowa City, IA 52240 P.O. Box 2447
Iowa City, IA 52244
 Case 3:09-cv-00108-RAW Document 1 Filed 07/21/09 Page 21 of 21
Enclosure v,¡ith EEOC
Form 16..;~B
TO SUIT
THE LAWS ENFORCED BY THE

(This information relates to fíing suit in Federal or State COUlt

If you also plan to sue claiming violations of State law, please be aware that time límlts and other
provisions of State law ¡nay be shoner or more limited than those described below)

SUIT
Title Vli of the Rights Americans with Disabilties Act (ADA),
or the Age Discrimination Employment Act (ADEA):

In order to pursue this matter further, you must file a lawsuit against the respondent(s) named in the charge within
of the date you receive this Notice. Therefore, you should keep a record of this date. Once this 90-
day period is over, your right to sue based on the charge referred to in this Notice wil be lost. If you intend to
consult an attorney, you should do so promptly. Give your attorney a copy of this Notice, and its envelope, and tell
him or her the date you received it. Furthermore, in order to avoid any question that you did not act in a timely
manner, it is prudent that your suit be fied within 90 days of the date this Nótice wos mailed to you (as
indicated where the Notice is signed) or the date of the postmark, if later.

Your lawsuit may be filed in U.S. District Court or a State court of competent . (Usually, the appropriate
State court is the general civil trial court.) Whether you fie in Federal or State court is a matter for you to decide
after talking to your attorney. Filing this Notice is not enough. You must file a "complaint" that contains a short
statement of the facts of your case which shows that you are entitled to renef. Your suit may include any matter
alleged in the charge or, to the extent permitted court decisions, matters like or related to the matters alleged in
the charge. Generally, suits are brought in the State where the alleged unlawful practice occurred, but in some
cases can be brought where relevant employment records are kept, where the employment would have or
where the respondent has its main offce. If you have simple questions, you usually can get answers from the
office of the clerk of the court where you are bringing suit, but do not expect that office to write your complaint or
make legal strategy decisions for you.

PRIVATE SUIT RIGHTS Equal Act(EPA):

EPA suits must be fied in court within 2 years (3 for wilful violations) of the alleged EPA underpayment: back
pay due for violations that occurred more than before you file suit may not be collectible. For
example, if you were underpaid under the EPA for work performed from 7/1/00 to 12/1/00, you should me suit
pefore 7/1102 - not 12/1/02 -- in order to recover unpaid wages due for July 2000. This time limit for filng an EPA
suit is separate from the 90-day filng period under Title Vii, the ADA or the ADEA referred to above. Therefore, if
you also plan to sue under Tite Vii, the ADA or the ADEA, in addition to suing on the EPA claim, suit must be filed
within 90 days of this Notice and within the 2- or 3-year EPA back pay recovery period.

ATTORNEY REPRESENTATION -- Title VII and the ADA:

If you cannot afford or have been unable to obtain a lawyer to represent you, the U.S. District Court having jurisdiction
in your case may, in limited circumstances, assist you in obtaining a lawyer. Requests for such assistance must be
made to the U.S. District Court in the form and manner it requires (you should be prepared to explain in detail your
efforts to retain an attorney). Requests should be made well before the end of the 90-day period mentioned above,
because such requests do not relieve you of the requirement to bring suit within 90 days.

ATTORNEY REFERRAL AND EEOC ASSISTANCE n All Statutes:

You may contact the EEOC representative shown on your Notice if you need help in finding a lawyer or if you have any
questions about your legal rights, including advice on which U.S. District ,Court can hear your case. If you need to
inspect or obtain a copy of informatiOn in EEOC'sfie on the charge, please request it promptly in writing and provide
your charge number (as shown on your Notice). While EEOC destroys charge files after a certain time, aU charge files
are kept for at least 6 months after our last action on the case. Therefore, if you fie suit and want to review the charge
file, please make your review request within 6 months of this Notice. (Before filng suit, any request should be
made within the next 90 days.)

IF YOU FILE SUIT, PLEASE SEND A COPY OF YOUR COURT COMPLAINT TO