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Case No. 18-0495

Steven Kuhle as Fraternal Order of Eagles #568
v.
Iowa Civil Rights Commission and Patricia Kelly and Michael Fishnick

Appellant

Steven Kuhle as Fraternal Order of Eagles #568

Appellees

Iowa Civil Rights Commission and Patricia Kelly and Michael Fishnick

Attorneys for Appellant

Allan M. Richards

Attorneys for Appellees

Katie Fiala, Assistant Attorney General
Robert E. Sabers, for intervenors

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0495
Date Published:
Apr 03, 2019
Summary

            Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge.  AFFIRMED AND REMANDED WITH DIRECTIONS.  Considered by Doyle, P.J., and Mullins and McDonald, JJ.  Considered on rehearing by Doyle, P.J., and Mullins and Bower, JJ.  Opinion by Doyle, P.J.  (6 pages)

            The appellant appeals the district court’s ruling affirming an adverse agency decision.  OPINION HOLDS: The appellant has failed to preserve error on a freedom-of-association claim that it never raised in the district court.  Although an at-will employment relationship existed, the Iowa Civil Rights Act prohibits unlawful discrimination against an employee based on the employee’s age.  Because there is substantial evidence in the record that appellant discriminated against employees because of their ages, we affirm the district court ruling.  We affirm the district court’s ruling that affirmed the agency’s award of attorney fees incurred by Kelly and Fishnick through September 13, 2016.  We remand for a hearing concerning an award to Kelly and Fishnick for reasonable attorney fees, including appellate attorney fees, incurred after September 13, 2016.

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