Edmunds v. Ercy Hospital, Cedar Rapids

503 N.W.2d 877, 1993 Iowa App. LEXIS 77, 62 Fair Empl. Prac. Cas. (BNA) 462, 1993 WL 286863
CourtCourt of Appeals of Iowa
DecidedMay 25, 1993
Docket92-498
StatusPublished
Cited by8 cases

This text of 503 N.W.2d 877 (Edmunds v. Ercy Hospital, Cedar Rapids) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edmunds v. Ercy Hospital, Cedar Rapids, 503 N.W.2d 877, 1993 Iowa App. LEXIS 77, 62 Fair Empl. Prac. Cas. (BNA) 462, 1993 WL 286863 (iowactapp 1993).

Opinion

HABHAB, Judge.

Plaintiff, Roxanne Edmunds (formerly Roxanne Pavlis), appeals the district court’s judgment dismissing her petition seeking damages under the Iowa Civil Rights Act for sexual harassment and for intentional infliction of emotional distress. 1

This case stems from Roxanne’s claim that she was sexually harassed by her supervisor, William Marsh, during her employment as a nurse in the substance abuse treatment unit at Mercy Hospital.

In early 1989, Roxanne was hired as a registered nurse in the treatment unit. She claims that during the course of her employment, Marsh would, with increasing frequency, bring her into his office to discuss personal matters. Roxanne claims at some of these meetings Marsh would hug her tightly. After she became involved with Steven Edmunds, Marsh made the relationship known to other staff members at a staff meeting. She was then required to attend interpersonal relationship staff meetings more frequently than other nurses. She claims that these actions caused friction on the nursing staff and that some members requested that she resign. In March 1990, Roxanne resigned.

Marsh denied engaging in any inappropriate conduct with Roxanne. The defendants argue that Roxanne wore inappropriate dress and engaged in other conduct inappropriate for patient treatment. The defendants also claim that Roxanne had a bad working relationship with other nurses and that her work was adversely affected by her relationship with Steven.

After Roxanne received a right to sue letter from the Iowa Civil Rights Commission regarding her sexual harassment claim, the plaintiffs filed this petition. Beginning January 27, 1992, the case was tried before the court. At the close of the plaintiffs’ case, the court granted the defendants’ motion to dismiss the plaintiffs’ claims for intentional infliction of emotional distress.

*879 On February 27, 1992, the district court entered its findings of fact, conclusions of law, and ruling dismissing the sexual harassment claim for failure of proof. The court determined credibility issues against Roxanne.

Roxanne appeals. We affirm.

Where the case was tried as a law action, our scope of review is for correction of errors at law. Lynch v. City of Des Moines, 454 N.W.2d 827, 829 (Iowa 1990). 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. Id.; Iowa R.App.P. 14(f)(1). We are prohibited from weighing the evidence or the credibility of the witnesses. Grinnell Mut. Reins. Co. v. Voeltz, 431 N.W.2d 783, 785 (Iowa 1988).

A finding of fact is supported by substantial evidence if the finding may be reasonably inferred from the evidence. In evaluating sufficiency of the evidence, we view it in its light most favorable to sustaining the court’s judgment. We need only consider evidence favorable to the judgment, whether or not it was contradicted.

Briggs Transp. Co. v. Starr Sales Co., 262 N.W.2d 805, 808 (Iowa 1978).

“Evidence is substantial or sufficient when a reasonable mind could accept it as adequate to reach the same findings.” Waukon Auto Supply v. Farmers & Merchants Sav. Bank, 440 N.W.2d 844, 846 (Iowa 1989) (citation omitted). Evidence is not insubstantial merely because it could support contrary inferences. Grinnell Mut. Reins. Co., 431 N.W.2d at 785 (citation omitted).

I. Sexual Harassment Claim.

Roxanne argues the trial court erred in finding no harassment had taken place. Roxanne’s claim of harassment rests on the conduct of William Marsh, her direct supervisor and director of Sedlacek Unit at Mercy Hospital. Roxanne claims Marsh subjected her to repeated sexual advancements and sexual harassment and subjected her to a hostile, offensive and abusive work environment.

The Iowa Civil Rights Act makes it illegal to:

refuse to hire, accept, register, classify, or refer for employment, to discharge any employee, or to otherwise discriminate in employment against any applicant for employment or employee because of the ... sex ... of such applicant or employee, unless based upon the nature of the occupation.

Iowa Code § 601A.6(1)(a) (1991) (emphasis added).

Our supreme court has recognized that maintenance of a sexually hostile work environment through sexual harassment is a form of illegal sex discrimination under section 601A.6(1)(a) of the Iowa Civil Rights Act. Lynch v. City of Des Moines, 454 N.W.2d 827, 833 (Iowa 1990). In order to establish a valid claim of maintenance of a sexually hostile work environment through sexual harassment, it must be proven that:

(1) the plaintiff belongs to a protected class;
(2) the plaintiff was subject to unwelcome sexual harassment;
(3) the harassment was based upon sex;
(4) the harassment affected a term, condition or privilege of employment, and;
(5) the employer knew or should have known of the harassment and failed to take prompt and appropriate remedial action.

Id. Where sexual harassment in the workplace is so pervasive and severe that it creates a hostile or abusive work environment, so that the plaintiff must endure an unreasonably offensive environment or quit working, the sexual harassment affects a condition of employment. Id. at 834. The existence of a sexually hostile or abusive working environment must be established by the totality of the circumstances. Vaughn v. Ag Processing, Inc., 459 N.W.2d 627, 633 (Iowa 1990).

*880 The district court found that Marsh never made any sexual overtures to Roxanne and did not discuss sexual matters or his family with her. Marsh admitted to hugging Roxanne twice, but claimed it was at Roxanne’s request. The staff members, including Steven Edmunds, testified that hugging was common on the unit.

The evidence revealed patients in the Sedlacek Unit receive physical and psychological treatment under an interdisciplinary team approach with staff collectively working with all patients and acting as role models for them.

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503 N.W.2d 877, 1993 Iowa App. LEXIS 77, 62 Fair Empl. Prac. Cas. (BNA) 462, 1993 WL 286863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmunds-v-ercy-hospital-cedar-rapids-iowactapp-1993.