Bryant v. City of Blackfoot

• Decision Date: 31 May 2002
• Docket Number: No. 26191.,26191.
• Citation: 137 Idaho 307,48 P.3d 636
• Parties: Joanne Lynn BRYANT, Plaintiff-Appellant, v. CITY OF BLACKFOOT, a political subdivision of the State of Idaho, and John Does 1 through 10, Defendants Respondents.
• Court: Idaho Supreme Court

48 P.3d 636

137 Idaho 307

Joanne Lynn BRYANT, Plaintiff-Appellant, v. CITY OF BLACKFOOT, a political subdivision of the State of Idaho, and John Does , Defendants Respondents.

No. 26191.

Supreme Court of Idaho, Idaho Falls, May 2001 Term.

May 31, 2002.

Jenkins Law Office, Idaho Falls, for appellant. Gordon W. Jenkins argued.

Naylor and Hales, Boise, for respondent City of Blackfoot. Kirtlan G. Naylor argued.

EISMANN, Justice.

The plaintiff Joanne Lynn Bryant (Bryant) appeals from an order dismissing this action on the motion for summary judgment filed by the City of Blackfoot (City). We affirm the dismissal in part, reverse it in part, and remand the case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

The City employed Bryant as an operator at the wastewater treatment plant. On April 11, 1997, she fell down a flight of stairs while at work, injuring her right shoulder. Due to her injury, she took a leave of absence from her employment and eventually underwent surgery. On December 2, 1997, her physician cleared her to return to work with certain lifting restrictions. She alleges that when she attempted to return to work, she was told there was no position available due to her inability to "do a man's work."

On August 25, 1998, Bryant filed this action alleging four causes of action. In her first cause of action, she alleged that the City wrongfully terminated her employment in violation of public policy, in that it did so because she had filed a worker's compensation claim. In her second cause of action, she alleged that by terminating her employment because of her industrial accident and her worker's compensation claim, the City violated the implied covenant of good faith and fair dealing in her employment contract. In her third cause of action, she alleged that by terminating her employment, the City violated the Americans With Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Rehabilitation Act). In her fourth cause of action, she alleged that the City's conduct in terminating her employment and in discriminating against her because of her gender and her disability entitled her to relief under Title VII of the Civil Rights Act of 1964 (Title VII) and 42 U.S.C. § 1983.

On October 22, 1999, the City moved for summary judgment alleging that Bryant had failed to comply with certain procedural requirements prior to filing her action. With respect to the first and second causes of action, the City alleged that Bryant had failed to comply with Idaho Code § 50-219 which required her to give timely notice to the City of those claims. With respect to the claims based upon the ADA, the Rehabilitation Act, and Title VII, the City alleged Bryant failed to exhaust her administrative remedies by first filing a claim with either the Idaho Human Rights Commission or the Equal Employment Opportunity Commission. With respect to Bryant's claim based upon 42 U.S.C. § 1983, the City argued that she could not sue under that statute to recover for claims that were based upon conduct that violated the ADA, the Rehabilitation Act, or Title VII because the enforcement provisions of those statutes were exclusive. The district court granted the City's motion for summary judgment, and Bryant appealed.

II. STANDARD OF REVIEW

In an appeal from an order of summary judgment, this Court's standard of review is the same as the standard used by the trial court in ruling on a motion for summary judgment. Eagle Water Company, Inc. v. Roundy Pole Fence Company, Inc., 134 Idaho 626, 7 P.3d 1103 (2000). All disputed facts are to be construed liberally in favor of the non-moving party, and all reasonable inferences that can be drawn from the record are to be drawn in favor of the non-moving party. Id. Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Id.

III. ANALYSIS

A. DID IDAHO CODE § 50-219 REQUIRE BRYANT TO GIVE THE CITY TIMELY NOTICE OF HER CLAIMS FOR WRONGFUL TERMINATION AND BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING?

In her first and second causes of action, Bryant sought to recover damages for wrongful termination and for violation of the implied covenant of good faith and fair dealing. The district court dismissed those claims because she failed to comply with Idaho Code § 50-219. That statute provides, "All claims for damages against a city must be filed as prescribed by Chapter 9, Title 6, Idaho Code [the Idaho Tort Claims Act]." Section 6-906 of the Tort Claims Act provides that claims against a city must be presented to and filed with the city clerk within 180 days from the date the claim arose or reasonably should have been discovered, whichever is later.

Bryant contends that her claims for wrongful termination and breach of the covenant of good faith and fair dealing are actions for breach of contract and that Idaho Code § 50-219 does not apply to claims based upon breach of contract. We first addressed this issue in Harkness v. City of Burley, 110 Idaho 353, 715 P.2d 1283 (1986), wherein we upheld the dismissal of claims for breach of an employment contract and breach of the employer's duty of good faith and fair dealing because the plaintiff had failed to provide the city with timely notice of these claims as required by Idaho Code § 50-219. This Court again addressed the issue in Sweitzer v. Dean, 118 Idaho 568, 573, 798 P.2d 27, 32 (1990), wherein we stated, "We construe the language in I.C. § 50-219 to require that a notice of claim must be filed for all claims against a subdivision of the state, and not limited solely to tort claims."

Bryant's counsel stated that he elected not to file a notice of claim because of this Court's decision in City of Chubbuck v. City of Pocatello, 127 Idaho 198, 899 P.2d 411 (1995). According to him, the Chubbuck case conflicts with this Court's earlier decisions in Harkness and Sweitzer. In the Chubbuck case, the City of Chubbuck sued the City of Pocatello over a dispute regarding the rates that Pocatello charged Chubbuck for treating its wastewater. One of its claims for relief was breach of contract. Before filing the lawsuit, Chubbuck filed a notice of claim with the Pocatello City Clerk. No issue was raised regarding the notice requirements of Idaho Code § 50-219. Instead, Pocatello alleged that it was immune from suit under the provisions of the Idaho Tort Claims Act, I.C. §§ 6-901 et seq. This Court held that because Chubbuck's claim was based upon breach of contract, the immunity provisions of the Tort Claims Act did not bar Chubbuck's cause of action.

The holding in Chubbuck does not conflict with this Court's decisions in Harkness and Sweitzer. The issue in those two cases was not whether all provisions of the Idaho Tort Claims Act applied to actions for breach of contract. The issue was whether the language of Idaho Code § 50-219 providing that notice as required under the Tort Claims Act must be given for "all claims" for damages against a city including breach of contract claims. This Court's recognition in Harkness and Sweitzer that Idaho Code § 50-219 expressly incorporates by reference the notice of claim provisions of the Tort Claims Act for all claims against a city, including contract claims, does not conflict with this Court's holding in Chubbock that the immunity provisions of the Tort Claims Act do not apply to contract actions. The district court did not err in dismissing the claims for wrongful termination and breach of the covenant of good faith and fair dealing due to Bryant's failure to file with the city clerk a timely notice of claim as required by Idaho Code § 50-219.

B. WAS BRYANT REQUIRED TO TIMELY FILE A CHARGE WITH THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION BEFORE FILING AN ACTION UNDER TITLE VII?

In her complaint, Bryant alleged that the City discriminated against her on the basis of her gender entitling her to recover under Title VII. State and federal courts both have jurisdiction over claims brought under Title VII. Yellow Freight System, Inc. v. Donnelly, 494 U.S. 820, 110 S.Ct. 1566, 108 L.Ed.2d 834 (1990). Before filing a lawsuit, however, a claimant must exhaust certain administrative remedies. As a general rule, a claimant must file a discrimination charge with the EEOC within 180 days after the alleged unlawful employment practice occurred. EEOC v. Commercial Office Products Co., 486 U.S. 107, 108 S.Ct. 1666, 100 L.Ed.2d 96 (1988); 42 U.S.C. § 2000e-5(e). If the claimant initially institutes proceedings with a state or local agency with authority to grant or seek relief from the challenged employment practice, or to institute criminal proceedings with respect to that practice, then the time limit for filing with the EEOC is extended to 300 days after the alleged unlawful employment practice or thirty days after receipt of notice that the state or local agency has terminated its proceedings, whichever is earlier. Id. A timely filing of a charge with the EEOC is a prerequisite to the maintenance of a Title VII action. United Air Lines, Inc. v. Evans, 431 U.S. 553, 97 S.Ct. 1885, 52 L.Ed.2d 571 (1977).¹ In this case, Bryant did not file a charge with either the EEOC or with the Idaho Human Rights Commission. Therefore, because she failed to exhaust her administrative remedies, the district court correctly dismissed her Title VII claim.

Bryant argues that her complaint should be construed as alleging a claim under the Idaho Human Rights Act (IHRA), Idaho Code § 67-5901 et seq. Bryant clearly did not intend to allege a claim under the IHRA. In her complaint, she expressly stated that her third and fourth claims for relief, which were the claims alleging discriminatory conduct, were based upon federal law. Even her brief on appeal acknowledges that fact. In her opening brief, she begins the...