Lynch v. City of Des Moines
| Citation | 454 N.W.2d 827 |
| Decision Date | 18 April 1990 |
| Docket Number | No. 89-222,89-222 |
| Parties | 57 Fair Empl.Prac.Cas. (BNA) 1331, 54 Empl. Prac. Dec. P 40,097 Deborah Ann LYNCH, Appellee, v. CITY OF DES MOINES, Iowa, Appellant. |
| Court | United States State Supreme Court of Iowa |
Nelda Barrow Mickle, City Sol., Des Moines, for appellant.
Roxanne Barton Conlin of Galligan & Conlin, P.C., Des Moines, for appellee.
Considered by McGIVERIN, C.J., and LARSON, CARTER, LAVORATO and NEUMAN, JJ.
Plaintiff Deborah Ann Lynch was a police officer employed by defendant City of Des Moines, Iowa. In May 1985, Lynch filed a complaint with the Iowa Civil Rights Commission in which she alleged that the City had discriminated against her on the basis of sex, in violation of Iowa Code chapter 601A (1985) (). The complaint became the basis of this lawsuit, which was tried to the district court.
In December 1988, the district court entered its findings of fact, conclusions of law, and judgment. The court ruled that the City had violated chapter 601A by maintaining a sexually hostile work environment at the Des Moines Police Department and by retaliating against Lynch for her complaints about the work environment. The court awarded Lynch $10,000 to compensate her for emotional distress she suffered because of the City's conduct. The court also ordered the City to develop and implement an education and training plan to prevent, detect and correct sexual harassment at the police department.
The City appealed and Lynch cross-appealed. On appeal, the City argues that the district court: 1) lacked authority to consider certain incidents of alleged sexual harassment and retaliation aimed at Lynch; 2) erred by finding that the City had violated chapter 601A; 3) erred by ruling that Iowa Code section 601A.6(1)(a) is not unconstitutionally vague; 4) erred by awarding Lynch damages for emotional distress and by ordering the City to develop and implement an education and training plan, and; 5) erred by refusing to allow the City to amend its answer shortly before trial. On cross-appeal, Lynch asserts that the district court's $10,000 award to her is so grossly inadequate that it should be increased.
This case was tried to the court as a law action. Our review, therefore, is for correction of errors at law. See, e.g., Frank v. American Freight Systems, Inc., 398 N.W.2d 797, 799 (Iowa 1987) (); Iowa R.App.P. 4. The district court's findings of fact are entitled to the weight of a special verdict and are binding on appeal if supported by substantial evidence. Blunt, Ellis & Loewi, Inc. v. Igram, 319 N.W.2d 189, 192 (Iowa 1982).
We conclude that substantial evidence supports the district court's findings of fact and that no error of law occurred. Accordingly, we affirm.
I. Background facts and proceedings. Lynch became a Des Moines police officer in January 1981. She served in that capacity until a work-related knee injury forced her to retire from the force in March 1988. Her knee injury and retirement are unrelated to the claims in this suit; but for the knee injury, Lynch would still be a Des Moines police officer.
Prior to March 1985, Lynch and fellow officers Timothy Lynch (T. Lynch, not related to plaintiff Lynch) and Merlin D. Nielsen were assigned to the same squad and worked together on the first watch (10:30 p.m. to 6:30 a.m.).
On March 29, 1985, Lynch filed a formal complaint with the internal affairs unit of the police department, alleging that T. Lynch and Nielsen had been sexually harassing her at work. An internal affairs investigation was begun. This investigation culminated on May 13, 1985, when chief of police William H. Moulder concluded that the conduct of T. Lynch and Nielsen had violated both the City of Des Moines and Des Moines Police Department prohibitions of sexual harassment. Moulder suspended T. Lynch and Nielsen for thirty days and reassigned them to the third watch. Both officers were warned that further sexual harassment by them would result in their termination. Sergeant Dale Anderson was also suspended because of his ineffective supervision of T. Lynch and Nielsen after Lynch's complaints concerning them.
On May 21, 1985, Lynch filed an administrative complaint with the Iowa Civil Rights Commission in which she alleged that the City had discriminated against her on the basis of sex, in violation of Iowa Code chapter 601A. The complaint specifically alleged that from September 1984 to March 29, 1985, officers T. Lynch and Nielsen made sexual comments toward Lynch that the comments had been reported to Lynch's superiors and to the internal affairs unit, and that the situation was not effectively remedied; and that as a result of her reports Lynch was reassigned to another patrol territory while her harassers were given privileged treatment. In other words, the complaint alleged that the City had practiced two kinds of sex discrimination: maintenance of a sexually hostile work environment at the police department, and retaliation against Lynch for her complaints about the work environment. See Iowa Code §§ 601A.6(1)(a) (), 601A.11(2) (prohibiting retaliation for opposing or reporting sex discrimination in employment).
In September 1985, Lynch filed a petition at law against the City, Anderson, T. Lynch and Nielsen, alleging their liability to her on several common law tort theories. By November, the Iowa Civil Rights Commission had issued Lynch a right to sue letter with regard to her May 21 administrative complaint, and Lynch amended her petition at law to include chapter 601A claims against the defendants. See Iowa Code § 601A.16; 161 Iowa Admin.Code 3.9. The matter was resolved prior to trial except for the chapter 601A claims against the City. Trial was to the court solely on those claims.
The district court made extensive findings of fact concerning the sexual comments and sexually-charged verbal abuse which had been aimed at Lynch by T. Lynch and Nielsen. We choose not to dignify their conduct by recording it here. Suffice it to say that it involved repeated incidents of sexually derogatory remarks, vulgar insults, and requests for sexual favors which the City attempts to portray as "teasing" or "joking" but which were demeaning and insulting to Lynch, whatever their purpose. In at least one instance Nielsen actively interfered with Lynch's performance of her duties. In other instances Lynch was so visibly upset by the situation that her work performance was undoubtedly affected.
In addition, the court cited one incident where, after having been insulted by sexual comments from T. Lynch and Nielsen, Lynch complained to sergeant Anderson. Anderson responded by making a sexual comment to Lynch about her body. The evidence conflicted over whether Anderson even spoke to T. Lynch and Nielsen about their conduct. Lynch also complained to captain Charles Backstrom. Neither Backstrom nor Anderson compelled T. Lynch and Nielsen to stop making sexual comments toward Lynch.
On another occasion when Lynch complained to Anderson about Nielsen, Anderson actually suggested to Lynch that she take matters into her own hands by reporting Nielsen's conduct to Nielsen's wife. Lynch appropriately told Anderson that this advice was "ridiculous" and stated that she would file a formal complaint unless the harassment was stopped.
The district court found that supervisory officers were sometimes present during incidents like those described and were familiar with the conduct of T. Lynch and Nielsen toward Lynch, yet took no action to prevent it. Lynch repeatedly asked her harassers to stop, and brought the matter to the attention of her superiors on several occasions.
In addition to the sexually hostile work environment claim, the district court considered Lynch's claim that she was the victim of retaliation for complaining about the work environment. The court found that the City had adequately explained the alleged incidents of retaliation by nondiscriminatory reasons, except for the conduct of one officer, lieutenant Jack Rose.
Rose supervised Lynch for a time in 1985 and 1986. The court found that after T. Lynch and Nielsen had been disciplined by chief Moulder, Rose treated Lynch differently than he had before. He criticized Lynch's fingernail length for the first time, noting it on his inspection report. He ordered Lynch to pick up paper soiled with human defecation under the pretext of gathering evidence. He told other officers at roll call that Lynch had the City in a precarious legal position and asked them to collect negative information on her. He followed Lynch home one time after work for no valid reason.
In light of these facts, the court concluded that the City had violated Iowa Code chapter 601A by maintaining a sexually hostile work environment at the Des Moines Police Department and by retaliating against Lynch for her complaints about the work environment. The court entered judgment for Lynch.
II. Jurisdictional issues. The City asserts that the district court lacked authority to consider certain incidents of alleged sexual harassment and retaliation aimed at Lynch. 1
A. Incidents of sexual harassment which occurred prior to September 1984 and/or outside the 180-day limitations period of Iowa Code section 601A.15(12). The City argues that the court lacked authority to consider any incident which occurred prior to 180 days before Lynch filed her administrative complaint with the Iowa Civil Rights Commission on May 21, 1985, that is, any incident which occurred prior to approximately November 21, 1984. Similarly, the City argues that because Lynch's administrative complaint alleged that she had been harassed "from September 1984 to March 29, 1985," the court lacked authority to consider any incident of sexual harassment which...
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