Jena McCoy v. Thomas L. Cardella & Associates

CourtSupreme Court of Iowa
DecidedJune 16, 2023
Docket22-0918
StatusPublished

This text of Jena McCoy v. Thomas L. Cardella & Associates (Jena McCoy v. Thomas L. Cardella & Associates) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jena McCoy v. Thomas L. Cardella & Associates, (iowa 2023).

Opinion

IN THE SUPREME COURT OF IOWA

No. 22–0918

Submitted March 22, 2023—Filed June 16, 2023

JENA McCOY,

Appellee,

vs.

THOMAS L. CARDELLA & ASSOCIATES,

Appellant.

Appeal from the Iowa District Court for Linn County, Valerie L. Clay,

Judge.

The defendant appeals a jury verdict on the plaintiff’s common law tort

action as preempted by the Iowa Civil Rights Act and the Iowa Workers’

Compensation Act. REVERSED.

Oxley, J., delivered the opinion of the court, in which all justices joined.

Vernon P. Squires (argued) of Bradley & Riley PC, for appellant.

Marc A. Humphrey (argued) of Humphrey Law Firm, P.C., Des Moines, for

appellee. 2

OXLEY, Justice.

Jena McCoy worked just three months at the new Thomas L. Cardella &

Associates (Cardella) call center in Ottumwa before quitting when she couldn’t

get her team leader to stop making unwanted sexual advances. Two years later,

she sued Cardella. She missed the deadline for bringing a hostile-work-

environment claim under the Iowa Civil Rights Act (ICRA), Iowa Code ch. 216

(2019), so she framed her petition as one for common law negligent supervision

or retention. To avoid Cardella’s pretrial legal challenges that her common law

claim was preempted by either the ICRA or the Iowa Workers’ Compensation Act

(IWCA), Iowa Code ch. 85,1 McCoy shifted, and reshifted, her theory of liability

and related damages, adopting and eschewing aspects from both the ICRA

variant of her claim and the IWCA variant as necessary to form a claim that is

neither quite one nor the other. Successfully avoiding pretrial dismissal, McCoy

presented her claim to the jury seeking emotional distress damages related to

her mental health diagnoses as a negligent supervision claim against Cardella

premised on failing to protect her from assault and battery in the workplace. The

jury awarded her $400,000 in emotional distress damages.

1The parties, and this court’s opinions, have used the term “preemption” synonymously with the exclusivity principle in the ICRA and IWCA, Iowa Code § 216.16; id. § 85.20. See, e.g., Estate of Harris v. Papa John’s Pizza, 679 N.W.2d 673, 681–82 (Iowa 2004). “Preemption” has an independent legal significance, “traditionally referr[ing] to situations in which federal law displaces state law, or the law of one level of government displaces the law of another.” Thomas v. St. Luke’s Health Sys., Inc., 869 F. Supp. 1413, 1438 n.6 (N.D. Iowa 1994). With this understanding, this opinion will use “preemption” as a shorthand for describing the exclusive nature of the ICRA and IWCA remedy provisions. 3

We acknowledge the jury’s conclusion that McCoy was harmed by her

experience at Cardella. But she cannot avoid the statutory processes for seeking

redress against her employer by manipulating common law theories to reach the

jury. As presented to the jury, the claim was barred by the IWCA. We therefore

reverse the district court’s denial of Cardella’s motion for judgment

notwithstanding the verdict.

I. Factual Background.

Cardella, headquartered in Cedar Rapids, opened a new call center in

Ottumwa in January 2017. Mark Grego served as the on-site director of the

Ottumwa office, and Samantha Teague was the recruiter. McCoy was hired as

part of the first class of sales representatives at the new center. As a sales

representative, McCoy made phone calls to sell Spectrum phone, internet, and

cable services. John Thompson was hired as a team leader to supervise a group

of sales representatives. McCoy, who was twenty-four years old, was placed on

Thompson’s team. Thompson, who was nearly twenty years older than McCoy

and recently divorced, took an apparent liking to McCoy.

As a supervisor, Thompson spent most of his time walking between the

representatives’ cubicles, stopping to help as needed. He intentionally placed

McCoy’s cubicle within three feet of his desk, which made her feel uncomfortable.

According to McCoy, after her first few weeks of work, Thompson began sitting

next to her in her cubicle, touching her inappropriately and making sexually

charged comments. On at least one occasion, Thompson walked up behind

McCoy and kissed the top of her head, apparently in full view of Grego’s office. 4

On another occasion, Thompson brought McCoy a teddy bear and flowers and

left them in her cubicle. McCoy had her mother come to the office, pick up the

flowers and teddy bear, and throw them away. On several occasions, Thompson

reached around McCoy, apparently to give her a “side hug,” and brushed his arm

across her breasts. When McCoy told Thompson that behavior made her

uncomfortable, he “laugh[ed] it off.” McCoy testified that she never encouraged

this inappropriate conduct from Thompson and told him “No” whenever he

touched her or made sexual comments. Thompson’s inappropriate behavior

continued after he began training McCoy to become a supervisor. Thompson

often asked McCoy—but not his other trainees—to stay late for training, where

he continued the inappropriate conduct. This unwanted contact occurred on at

least twenty occasions over the three months McCoy worked at Cardella.

According to Bonnie Sullivan, another sales representative, it was common

knowledge that Thompson was obsessed with McCoy.

Thompson’s version of the facts differs significantly. According to

Thompson, McCoy asked for his phone number and asked him out. Although he

admits to touching McCoy in the workplace, Thompson claims that he and

McCoy were building toward a relationship until he found out she had a

boyfriend. Thompson asserts that McCoy came on to him with sexual notes and

touching and that she never told him to stop.

McCoy reported Thompson’s inappropriate conduct to Teague in early

March, a couple of weeks after the unwanted touching started. Despite McCoy’s 5

report, Thompson remained her supervisor, and the conduct continued. McCoy

continued to reject Thompson’s advances.

Mitch Turner, another team leader, also made inappropriate sexual

comments to McCoy (and other female employees) on several occasions.

According to McCoy, Turner generally made these comments in the locker room

at the end of McCoy’s shift, where he would put his arm up against her locker

so that she felt trapped between his arm and her open locker door. McCoy often

got off work after dark, and she felt unsafe walking to her car because she was

afraid that Turner would act on his sexual innuendos.

McCoy again reported Thompson’s inappropriate touching and sexual

comments to Teague toward the end of April. This time she took Sullivan with

her and also reported Turner’s inappropriate comments. Teague had McCoy tell

her story to Grego, but the only solution they offered was to switch McCoy to

Turner’s team. McCoy made it clear that she could not continue working at

Cardella if no other solution were offered. McCoy quit working at Cardella on

April 25, 2017. Teague and Grego denied that McCoy ever reported inappropriate

behavior by either Thompson or Turner and contended that McCoy quit after she

was a “no call no show” for three consecutive days.

II. Procedural History.

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