Forster v. Deere & Co.

925 F. Supp. 2d 1056, 2013 WL 595927, 2013 U.S. Dist. LEXIS 21156, 117 Fair Empl. Prac. Cas. (BNA) 557
CourtDistrict Court, N.D. Iowa
DecidedFebruary 14, 2013
DocketNo. C12-2072
StatusPublished
Cited by3 cases

This text of 925 F. Supp. 2d 1056 (Forster v. Deere & Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forster v. Deere & Co., 925 F. Supp. 2d 1056, 2013 WL 595927, 2013 U.S. Dist. LEXIS 21156, 117 Fair Empl. Prac. Cas. (BNA) 557 (N.D. Iowa 2013).

Opinion

RULING ON MOTION TO DISMISS

JON STUART SCOLES, United States Chief Magistrate Judge.

TABLE OF CONTENTS

/. INTRODUCTION.......................................................1058

II. PROCEDURAL HISTORY..............................................1058

III. RELEVANT FACTS....................................................1059

TV. DISCUSSION..........................................................1060

A. Can Individual Defendants be Sued Under Title VII and the ADEA?.... 1060

B. Are Claims for Emotional Distress and Punitive Damages Recoverable Under the ADEA? ....................................1060

C. Does Gayle’s Defamation Claim State a Cause of Action?..............1063

D. Is Gayle’s Negligence Claim Preempted by the ICRA or Otherwise Barred by the Statute of Limitations?..............................1064

E. Can Gayle Recover Damages which Predated Enactment of Iowa Code Section 216.6A?..............................................1064

V. SUMMARY............................................................1066
VI. ORDER ...............................................................1066
I. INTRODUCTION

This matter comes before the Court on the Motion to Dismiss (docket number 12) filed by the Defendants on November 13, 2012, the Resistance (docket number 13) filed by the Plaintiffs on November 16, and the Reply (docket number 21) filed by the Defendants on November 29. Pursuant to Local Rule 7.c, the issue will be decided without oral argument.

II. PROCEDURAL HISTORY

On October 15, 2012, Plaintiffs Gayle Lela Forster and Gregory David Forster filed a complaint in twelve counts, alleging gender discrimination, age discrimination, and retaliation.1 Named as defendants were Deere & Company aka John Deere Company (“Deere”), Clyde D’Cruz, Kevin Keith, Brian Matson, and Robert Barnes.

On November 13, Defendants filed the instant motion, asking that the individual Defendants be dismissed from certain counts, that Plaintiffs’ claims for emotional distress and punitive damages be dismissed from certain counts, that the defamation and negligence counts be dismissed, and that the Court dismiss certain damages which predated enactment of Iowa Code section 216.6A. Plaintiffs concede that the individual Defendants should be dismissed from Counts I, II, III, IV, V, [1059]*1059and VI. Furthermore, Plaintiffs agree that the negligence claim (Count XII) may be dismissed. The remaining portions of Defendants’ motion are resisted.

On November 26, 2012, the Court adopted a proposed Scheduling Order and Discovery Plan submitted by the parties. In accordance with 28 U.S.C. § 636(c), and the consent of the parties, the case was referred to the undersigned magistrate judge for the conduct of all further proceedings.

III. RELEVANT FACTS

The complaint was filed by Gayle Lela Forster and Gregory David Forster, wife and husband. According to their complaint,2 Gayle started working at Deere in October 1978.3 Gayle has worked in a variety of positions, including record clerk, secretary, payroll coordinator, budget coordinator, purchasing planner, senior planner, cost analysis, and buyer. Gayle was laid off from 1985 to 1988, and has been on medical leave since August 20, 2004.

On September 11, 2003, Gayle was informed that she was being transferred from her position as a buyer in the Order Fulfillment Process to a position as a buyer at the Product Engineering Center. At some point, Deere conducted a Global Evaluation Process to define and grade specific job functions within the corporation, and the relative value of those jobs to the corporation. In April 2004, Gayle learned that her new job title would be “SMS II.” Gayle was one of only two individuals in the Product Development Process (“PDP”) who were not assigned a title of “SMS III.”4 The position of SMS II held a Labor Grade 6, while the position of SMS III held a Labor Grade 7. Gayle and Wanda Lenius, the only two PDP buyers who were not designated as SMS III, are women and were over the age of 40. Following a “traumatic” meeting with Defendant Brian Matson on April 26, 2004, Gayle sought medical attention. Gayle’s subsequent efforts to transfer back to a job in the Order Fulfillment Process, at a Labor Grade 7, were denied. Gayle was subsequently harassed and verbally intimidated by Defendants.

On June 1, 2005, Greg “was drawn into an issue involving his wife, Plaintiff, Gayle Forster’s, personal property that had been left in her work station after she was unable to return to the work premises due to the psychological damage that had occurred during her employment that resulted in her taking medical leave.” During that process, Greg was told that two additional boxes of personal belongings had been sent to the shredder earlier that morning. At a meeting on the following day, it was agreed that the remainder of the items removed from Gayle’s desk would be shipped to her. Those boxes were delivered on June 8, 2005, but “[d]ue to her emotional trauma and ongoing medical conditions that resulted from the verbal abuse and retaliation,” she was “emotionally incapable” of going through the property until September 10, 2005. Gayle asserts that multiple items were broken “from clearly careless packing.” Defendant Kevin Keith subsequently agreed to assist in replacing any personal records [1060]*1060that had been destroyed and to attempt to come to an agreement for reimbursement on the broken, damaged, or lost items.

Greg began working at Deere on February 13, 1978. His current position is that of Senior Engineer in the Engine Engineering Department, at a Labor Grade 8. In July 2005, Defendant Brian Carlson announced Greg’s new job title as Engine Application Delivery Technical Specialist, at Labor Grade 9. Greg has not received a labor grade change consistent with the new position, however, nor has he been paid to reflect the Labor Grade 9 pay scale.

IV. DISCUSSION

In their motion to dismiss, Defendants make six arguments:

1. Plaintiffs’ claims under Title VII and the Age Discrimination in Employment Act (ADEA) — Counts I, II, III, IV, V, and VI — do not provide for individual liability against D’Cruz, Keith, Matson, or Barnes.

2. Emotional distress damages or punitive damages cannot be recovered under the ADEA and, therefore, Plaintiffs’ claims for that relief in Counts V and VI should be dismissed.

3. Gayle’s defamation claim — Count XI- — fails to state a claim upon which relief may be granted.

4. Gayle’s negligence and harassment claim — Count XII — is preempted by the Iowa Civil Rights Act (ICRA), or is otherwise barred by the statute of limitations.

5.

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925 F. Supp. 2d 1056, 2013 WL 595927, 2013 U.S. Dist. LEXIS 21156, 117 Fair Empl. Prac. Cas. (BNA) 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forster-v-deere-co-iand-2013.