Findings of Fact
Complainant and commission’s exhibits will be referenced as “C/CHRO” followed by the
number. Transcript pages will be referenced as “Tr.” followed by the page number.
The detailed factual allegations contained in the complaint affidavit dated November 22,
2004 and June 26, 2008 are herewith deemed established as a result of the default.
Additional facts are deemed to be established as a result of the complainant’s testimony
at the hearing in damages and complainant’s exhibits admitted into evidence. These
facts (findings) will be limited to those addressing the measure of damages to be
awarded, all the essential and necessary elements of liability having been established in
the affidavit of illegal discriminatory practice (affidavit).
In summary, it is established that the complainant worked for the respondent as a part
time secretary from September 1, 2004 through September 22, 2004 when she was
constructively discharged. She was to work a twelve hour week at a rate of pay of ten
dollars per hour although she worked twenty hours per week for the first two weeks
because of temporary circumstances. During her approximately three weeks of active
employment the complainant endured a number of unwelcome advances from Claywell,
both overtly and tangentially sexual in nature. On September 8, 2004, he lured the
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