O'BRYAN v. KTIV Television

Decision Date22 November 1994
Docket NumberNo. C 93-4089.,C 93-4089.
Citation868 F. Supp. 1146
CourtU.S. District Court — Northern District of West Virginia
PartiesPaul J. O'BRYAN, Plaintiff, v. KTIV TELEVISION; Quincy Newspaper, Inc. d/b/a KTIV Television; New Jersey Herald, Inc., d/b/a KTIV Television, Defendants.

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Gregg E. Williams and Charles E. Trullinger, Eidsmoe, Heidman, Redmond, Fredregill, Patterson & Schatz, Sioux City, IA, for plaintiff.

James C. Hanks, Klass, Hanks, Stoos, Villone, Sioux City, IA, Gregory J. Griffiths, Nancy B. Vollertsen, Dunlap & Seeger, P.A., Rochester, MN, for defendants.

ORDER REGARDING MOTION FOR SUMMARY JUDGMENT

BENNETT, District Judge.

                TABLE OF CONTENTS
                I. INTRODUCTION AND BACKGROUND ............................................... 1150
                 II. FINDINGS OF FACT .......................................................... 1151
                     A. Uncontested Facts ...................................................... 1151
                     B. Contested Facts ........................................................ 1154
                III. CONCLUSIONS OF LAW ........................................................ 1154
                     A. Standard for Summary Judgment .......................................... 1154
                     B. Implied Covenant of Good Faith and Fair Dealing ........................ 1156
                     C. Invasion of Privacy Claim .............................................. 1156
                     D. ERISA Claim ............................................................ 1159
                     E. Infliction of Emotional Distress ....................................... 1160
                        1. Elements Of The Tort ................................................ 1161
                        2. Preemption By The Iowa Civil Rights Act ............................. 1161
                        3. Outrageous Conduct Requirement ...................................... 1163
                        4. Evidence of Emotional Distress ...................................... 1165
                     F. Wrongful Discharge in Violation of Public Policy ....................... 1166
                        1. General Rule and History of Doctrine ................................ 1167
                        2. Preemption by Iowa Civil Rights Act ................................. 1169
                     G. Defamation and False Light Claims ...................................... 1169
                     H. Sex and Age Discrimination Claims ...................................... 1171
                        1. Burdens of Proof Under the ADEA ..................................... 1171
                        2. Prima Facie Case .................................................... 1172
                        3. Pretext for Discrimination .......................................... 1173
                        4. Sex Discrimination Claims ........................................... 1175
                     I. Retaliation Claims ..................................................... 1175
                        1. Prima Facie Case .................................................... 1175
                        2. Pretext for Retaliation ............................................. 1176
                 IV. CONCLUSION ................................................................ 1177
                

This lawsuit arises out of the termination of a television station marketing executive. Plaintiff's complaint alleges he was discharged in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Employment Retirement Income Security Act of 1974 ("ERISA"), 28 U.S.C. § 1001 et seq. and state law claims of discharge in violation of Iowa public policy, violation of privacy, defamation, breach of covenant of good faith and fair dealing, sex and age discrimination, and infliction of emotional distress. Defendants have moved for summary judgment on all counts.

I. INTRODUCTION AND BACKGROUND

This matter comes before the court pursuant to Defendants' Motion for Summary Judgment filed on September 30, 1994. Defendants have moved for summary judgment pursuant to Federal Rule of Civil Procedure 56(b) on each of Plaintiff Paul J. O'Bryan's claims. O'Bryan filed his resistance to Defendants' motion on November 2, 1994.

O'Bryan filed his complaint in this action on October 5, 1993, following his termination on August 2, 1993, as a marketing executive for Defendant KTIV Television. O'Bryan subsequently filed his first amended complaint on June 22, 1994. O'Bryan's first amended complaint alleges eleven causes of action.1 O'Bryan alleges in his first cause of action that he was discharged because of his age in violation of the ADEA. In his second cause of action, O'Bryan alleges that he was fired in retaliation for his filing a complaint of age discrimination. In the third cause of action, O'Bryan asserts that he was fired in violation of ERISA in order that KTIV would not have to pay him certain employment benefits. The fourth cause of action asserts that O'Bryan was terminated in retaliation for his filing of discrimination charges in violation of Iowa Code Chapter 216. In causes of action five through nine, O'Bryan asserts pendent Iowa state common law claims for violation of privacy, breach of an implied covenant of good faith and fair dealing, infliction of emotional distress, defamation, and discharge in violation of Iowa public policy. Finally, in his eleventh cause of action, O'Bryan asserts that he was discharged on the basis of his gender in violation of Title VII. Defendants answered the first amended complaint on June 4, 1994, and asserted sixteen affirmative defenses. Plaintiff asserts jurisdiction pursuant to 29 U.S.C. § 626 and 29 U.S.C. § 1132.

II. FINDINGS OF FACT
A. Uncontested Facts

For the purposes of this summary judgement motion only, the court finds the following facts:

1. Plaintiff Paul J. O'Bryan is a male individual who resides in Sioux City, Iowa.

2. Defendants KTIV Television, Quincy Newspapers and Jersey Herald, Inc., (collectively "KTIV") are companies and corporations conducting business in Sioux City, Iowa, as an NBC television station affiliate.

3. On October 1, 1985, O'Bryan was hired by KTIV to be its General Sales Manager.

4. At the time O'Bryan became KTIV's General Sales Manager, Kim Cleaver was its Local Sales Manager.

5. O'Bryan had previously been employed at KCAU as an account executive. He eventually became KCAU's General Sales Manager before taking the position with KTIV.

6. In the fall of 1989, KTIV was purchased by Quincy Newspapers, Inc.

7. In November of 1989, William F. Turner became Vice President and General Manager for KTIV. Prior to that time he had worked at KCAU-TV in Sioux City, Iowa. While at KCAU, Turner had worked with O'Bryan. At some unidentified point after Turner became KTIV's General Manager, he mentioned to O'Bryan that Quincy had paid $21,000,000 for KTIV. Turner further expressed his opinion that he thought Quincy had paid too much for the station, and that as a result costs would have to be cut and revenues increased.

8. Late in 1991, O'Bryan's title and duties were changed and he was given the title of KTIV's National Sales Manager. KTIV, at that time, no longer had a general sales manager.

9. In the fall of 1992, Turner approached Cleaver about conducting a review of KTIV's sales department, and making recommendations for its improvement. Prior to that time Cleaver had been critical of O'Bryan's performance as KTIV's General Sales Manager.

10. Cleaver recommended that she be made KTIV's General Sales Manager and that Adrian Wisner be promoted to KTIV's Local Sales Manager. She further recommended that O'Bryan be given the position of KTIV's Local and Regional Sales Account Executive.

11. On November 9, 1992, O'Bryan was demoted to the position of KTIV's Local Regional Sales Account Executive.

12. An account executive is responsible for both servicing KTIV's existing clients and recruiting new clientele.

13. At the same time Kim Cleaver was promoted to KTIV's General Sales Manager and assumed the duties formerly performed by O'Bryan as National Sales Manager, Adrian Wisner was promoted to KTIV's Local Sales Manager. Both Cleaver and Wisner are females. Cleaver was 33 years old at the time of her promotion to General Sales Manager.2

14. As a result of his demotion to an account executive, O'Bryan was given a desk and credenza in the "bull pen" with the other account executives. The bull pen is an office area with ten to fifteen cubicles in the center.

15. In November of 1992, an unknown person or persons went through O'Bryan's desk and credenza and removed from them certain KTIV sales information. Neither the desk nor the credenza were locked and the only items removed were property belonging to KTIV.

16. O'Bryan was aware that KTIV employees were permitted to enter his office in his absence to retrieve work related documents.

17. When O'Bryan learned of the search of his desk and credenza he confronted Wisner about it. Wisner, Cleaver and Turner denied any knowledge about the search. It is unknown who conducted the search of O'Bryan's desk.

18. On May 7, 1993, as a result of his demotion, O'Bryan filed charges of discrimination against Defendants with the Sioux City Human Rights Commission, and the Iowa Civil Rights Commission. Those charges were cross-filed with the Equal Employment Opportunity Commission ("EEOC"). O'Bryan subsequently received "right to sue" letters from both the Iowa Civil Rights Commission and the EEOC.

19. At some point early in 1993, Wisner developed and implemented a set of account executive performance guidelines.

20. KTIV's account executive performance guidelines had the following eight points:

1. Make monthly budgets.
2. Produce a percentage of Direct Business from 20% to 25%.
3. Bill an average of $4,000 a month in New direct business. This is to be business that you go out and develop.
4. Make at least 6 New Calls per weeks. (Face to Face Client Contacts).
5. Generate $325 per month in cash production billings.
6. Meet or exceed average proposal performance. Average is creating 4 tailor made
...

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4 books & journal articles
  • Privacy Issues in the Workplace
    • United States
    • James Publishing Practical Law Books Archive Texas Employment Law. Volume 2 - 2014 Part VI. Workplace torts
    • 16 Agosto 2014
    ...and/or subordinates have ready access to it, no expectation of privacy will be found. See id .; see also O’Bryan v. KTIV Television , 868 F. Supp. 1146, 1159 (N.D. Iowa), aff’d in part, rev’d in part, remanded, 64 F.3d 1188 (8th Cir. 1995) (granting summary judgment for employer on invasion......
  • Privacy Issues in the Workplace
    • United States
    • James Publishing Practical Law Books Archive Texas Employment Law. Volume 2 - 2017 Part VI. Workplace Torts
    • 19 Agosto 2017
    ...and/or subordinates have ready access to it, no expectation of privacy will be found. See id .; see also O’Bryan v. KTIV Television , 868 F. Supp. 1146, 1159 (N.D. Iowa), aff’d in part, rev’d in part, remanded, 64 F.3d 1188 (8th Cir. 1995) (granting summary judgment for employer on invasion......
  • Privacy issues in the workplace
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    • James Publishing Practical Law Books Texas Employment Law. Volume 1 Part VI. Workplace torts
    • 5 Mayo 2018
    ...and/or subordinates have ready access to it, no expectation of privacy will be found. See id .; see also O’Bryan v. KTIV Television , 868 F. Supp. 1146, 1159 (N.D. Iowa), aff’d in part, rev’d in part, remanded, 64 F.3d 1188 (8th Cir. 1995) (granting summary judgment for employer on invasion......
  • Privacy Issues in the Workplace
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    • James Publishing Practical Law Books Archive Texas Employment Law. Volume 2 - 2016 Part VI. Workplace Torts
    • 27 Julio 2016
    ...and/or subordinates have ready access to it, no expectation of privacy will be found. See id .; see also O’Bryan v. KTIV Television , 868 F. Supp. 1146, 1159 (N.D. Iowa), aff’d in part, rev’d in part, remanded, 64 F.3d 1188 (8th Cir. 1995) (granting summary judgment for employer on invasion......

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