Goolsby v. Anderson

549 N.W.2d 153, 250 Neb. 306, 1996 Neb. LEXIS 128, 71 Fair Empl. Prac. Cas. (BNA) 933
CourtNebraska Supreme Court
DecidedJune 14, 1996
DocketS-94-1027
StatusPublished
Cited by45 cases

This text of 549 N.W.2d 153 (Goolsby v. Anderson) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goolsby v. Anderson, 549 N.W.2d 153, 250 Neb. 306, 1996 Neb. LEXIS 128, 71 Fair Empl. Prac. Cas. (BNA) 933 (Neb. 1996).

Opinions

Per Curiam.

Plaintiff-appellant, Kathy Goolsby, brought this action for alleged sexual harassment she had experienced in connection with her employment at an Albertson’s supermarket. In her [307]*307second amended petition, she alleged five causes of action for recovery. The district court sustained demurrers to the first, third, and fourth causes of action, which pertain to civil rights violations under the Nebraska Constitution and under the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. § 48-1101 et seq. (Reissue 1988). The court subsequently dismissed these causes of action. Goolsby’s second and fifth causes of action have been disposed of, and Goolsby’s second amended petition has been dismissed by the district court. Goolsby now specifically appeals the district court’s order dismissing the first, third, and fourth causes of action pertaining to her civil rights claims.

Goolsby assigns the following errors: (1) The district court erred in dismissing the cause of action premised on Neb. Const, art. I, § 1, and (2) the district court erred in ruling that it lacked subject matter jurisdiction under Neb. Rev. Stat. § 20-148 (Reissue 1991) to hear her causes of action pertaining to the alleged violations of the Nebraska Fair Employment Practice Act.

Goolsby filed suit in the district court seeking damages from the defendants-appellees, Pat Anderson and Albertson’s, Inc., for allegedly subjecting her to “sexual harassment and a sexually polluted work environment.” Goolsby filed her claim under § 20-148, which allows a person to sue a person or a company for a deprivation of rights secured by Nebraska laws.

In her original petition, Goolsby alleged that the appellees deprived Goolsby of her civil rights in the private workplace that are protected by the state Constitution and the Nebraska Fair Employment Practice Act. Specifically, Goolsby alleged that she was deprived of her rights guaranteed by Neb. Const, art. I, § 1. She also alleged violations of §§ 48-1104 and 48-1114. Goolsby also alleged intentional infliction of emotional distress as a cause of action. In response, the appellees filed a demurrer alleging that Goolsby failed to state a cause of action.

The district court sustained the appellees’ demurrer. In its order, the district court found that the exclusive remedy for Goolsby’s Nebraska Fair Employment Practice Act claims was through the statutory scheme set out in the act. The court [308]*308stated that under the act, a claim like Goolsby’s must be first investigated by the Nebraska Equal Opportunity Commission (NEOC) and then be ruled on by an administrative judge.

The district court specifically stated, “A private cause of action exclusive of the remedies found in 48-1101 et. seq. are not contemplated by the statutes of the state of Nebraska read in pari materia.” The district court concluded that it would not have jurisdiction until Goolsby exhausted her administrative remedies and appealed an order of an administrative judge rendered pursuant to § 48-1101 et seq. The court granted Goolsby 2 weeks to amend her petition.

Goolsby filed an amended petition, to which the appellees filed a demurrer. Goolsby, however, filed a second amended petition prior to the court’s consideration of this demurrer. Goolsby’s first cause of action in her second amended petition again alleged that she was deprived of her rights guaranteed by Neb. Const, art. I, § 1. Goolsby’s second cause of action alleged intentional infliction of emotional distress.

Goolsby’s third cause of action alleged that the appellees had deprived her of “her rights, privileges and immunities to be free from sexual harassment and discrimination as secured by the laws of the State of Nebraska, specifically Neb. Rev. Stat. §48-1104.” Goolsby’s fourth cause of action alleged that Albertson’s constructive transfer of Goolsby “constitutes retaliation in violation of Neb. Rev. Stat. §48-1114.” Goolsby’s fifth cause of action alleged that the appellees breached the employment contract.

In response, the appellees filed a demurrer contending that the district court did not have subject matter jurisdiction and that the petition failed to state a cause of action.

The district court issued an order again sustaining the demurrers as to the first, third, and fourth causes of action. Goolsby stood on her petition, and the court dismissed her first, third, and fourth causes of action. The court, however, overruled the demurrer as to Goolsby’s second and fifth causes of action.

Goolsby appealed the district court’s order to the Nebraska Court of Appeals. The Court of Appeals dismissed the appeal, concluding that it lacked jurisdiction for the reason that there [309]*309had not yet been a final disposition of all causes of action pled by Goolsby. Goolsby v. Anderson, 3 NCA 750 (1993).

Goolsby has dismissed without prejudice the second cause of action. The district court, after jpresentation of evidence in a jury trial on the fifth cause of action, dismissed the same. Goolsby has not appealed the order dismissing her fifth cause of action. Rather, Goolsby only appeals the district court’s order dismissing her first, third, and fourth causes of action.

Regarding this court’s standard of review, a jurisdictional question does not involve a factual dispute and is resolved as a matter of law. Dittrich v. Nebraska Dept. of Corr. Servs., 248 Neb. 818, 539 N.W.2d 432 (1995). When reviewing a question of law, an appellate court reaches a conclusion independent of the lower court’s ruling. Whitten v. Malcolm, 249 Neb. 48, 541 N.W.2d 45 (1995).

Statutory interpretation is a matter of law in connection with which an appellate court has an obligation to reach an independent, correct conclusion irrespective of the determination made by the court below. In re Estate of Soule, 248 Neb. 878, 540 N.W.2d 118 (1995).

In construing a statute, a court must look to the statute’s purpose and give to the statute a reasonable construction which best achieves that purpose, rather than a construction which would defeat it. Solar Motors v. First Nat. Bank of Chadron, 249 Neb. 758, 545 N.W.2d 714 (1996).

In discerning the meaning of a statute, an appellate court determines and gives effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense. In re Interest of Todd T., 249 Neb. 738, 545 N.W.2d 711 (1996). In addition, this court will, if possible, try to avoid a construction which would lead to absurd, unconscionable, or unjust results. Nichols v. Busse, 243 Neb.

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Cite This Page — Counsel Stack

Bluebook (online)
549 N.W.2d 153, 250 Neb. 306, 1996 Neb. LEXIS 128, 71 Fair Empl. Prac. Cas. (BNA) 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goolsby-v-anderson-neb-1996.