Lenius v. Deere & Co.

924 F. Supp. 2d 1005, 2013 WL 595903, 2013 U.S. Dist. LEXIS 21143
CourtDistrict Court, N.D. Iowa
DecidedFebruary 14, 2013
DocketNo. C12-2063
StatusPublished
Cited by2 cases

This text of 924 F. Supp. 2d 1005 (Lenius 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
Lenius v. Deere & Co., 924 F. Supp. 2d 1005, 2013 WL 595903, 2013 U.S. Dist. LEXIS 21143 (N.D. Iowa 2013).

Opinion

RULING ON MOTION TO DISMISS

JON STUART SCOLES, United States Chief Magistrate Judge,

TABLE OP CONTENTS

/. INTRODUCTION.......................................................1007

II. PROCEDURAL HISTORY..............................................1007

III. RELEVANT FACTS....................................................1008

IV. DISCUSSION..........................................................1009

A. Can Individual Defendants be Sued Under Title VII and the ADEA?____1009

B. Are Claims for Emotional Distress and Punitive Damages Recoverable Under the ADEA ?....................................1009

C. Does Wanda’s Defamation Claim State a Cause of Action?.............1011

D. Is Wanda’s Negligence Claim Preempted by the ICRA or Otherwise Barred by the Statute of Limitations?..............................1013

E. Can Wanda Recover Damages which Predated Enactment of Iowa Code Section 216.6A?..............................................1013

F. Can Wanda Recover “Enhanced Damages” Under Iowa Code Chapter 216?.....................................................1015

V. SUMMARY............................................................1016

VI. ORDER ...............................................................1016

I. INTRODUCTION

This matter comes before the Court on the Motion to Dismiss (docket number 15) filed by the Defendants on November 12, 2012, the Resistance (docket number 16) filed by the Plaintiffs on November 16, and the Reply (docket number 24) 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 August 31, 2012, Plaintiffs Wanda Jo Lenius and Gary Gene Lenius filed a complaint in eight counts, alleging gender discrimination, age discrimination, and retaliation. Named as defendants were John Deere Agri Services, Inc., Deere & Company aka John Deere Company (“Deere”), Clyde D’Cruz, Kevin Keith, Brian Matson, and Robert Barnes. On October 17, Plaintiffs filed an amended complaint — identifying the same defendants1 — in 12 counts.

On November 12, 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, XI, and XII. Plaintiffs also agree that their [1008]*1008punitive damage claim in Count IV (age discrimination) should be dismissed. Furthermore, Plaintiffs agree that the negligence claim (Count X) 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 amended complaint was filed by Wanda Jo Lenius and Gary Gene Lenius, wife and husband. According to their amended complaint,2 Wanda started working at Deere in 2000 as a contract employee.3 In 2001, she became a full-time employee as a supply manager specialist. Wanda was initially told that her position would be a Labor Grade 6, but before she began her duties, D’Cruz informed her that she would start at a Labor Grade 5 instead. In 2002, her job duties and responsibilities increased, but she received no increase in labor grade. In October 2003, Wanda was assigned an additional job as lead buyer for cab parts and engines, and received an upgrade to Labor Grade 6. At all other John Deere locations, however, a similar buyer position was Labor Grade 7.

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, Wanda learned that her new job title would be “SMS II.” Wanda was one of only two individuals in the Product Development Process (“PDP”) or Order Fulfillment Process (“OFP”) which were not assigned a title of “SMS III.”4 According to the amended complaint, Wanda’s efforts to transfer to a different position that would qualify her as a Labor Grade 7 were blocked. Wanda is currently on long-term disability and social security due to medical conditions that arose following the events described in the amended complaint. Her former position was filled by a 28-year-old male, who began at Labor Grade 7.

Gary began working at Deere on May 28, 1974. From 1975 until 2008, he was located at the Product Engineering Center. From 2008 to date, he has been employed at the Engine Works in Waterloo. His current position is that of Project Engineer.

In September 2004, Gary was informed by his manager — Defendant Robert Barnes — that his position was being downgraded from a Labor Grade 9 to a Labor Grade 8, “four months after the same information was shared with other employees, but shortly after heated meetings between Plaintiff, Gary Lenius’s wife, Plaintiff, Wanda Lenius, and the ongoing discrimination she was suffering in the company.” Currently, Gary is a Labor Grade 10, but he contends this promotion was “held back for multiple years and [he] has yet to reach the labor grade status he would presently be at had he not experienced this type of retaliation.”

[1009]*1009 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, XI, and XII — 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 IV, XI, and XII should be dismissed.

3. Wanda’s defamation claim — Count IX — fails to state a claim upon which relief may be granted.

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

5. The equal pay provision of the ICRA does not apply retroactively and, therefore, to the extent Wanda seeks damages which preceded the statute’s enactment, the claim — Count VII — should be dismissed.

6. Wanda is not entitled to “enhanced damages” on her discrimination claim brought under the ICRA, and those claims — Count V — should be dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
924 F. Supp. 2d 1005, 2013 WL 595903, 2013 U.S. Dist. LEXIS 21143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenius-v-deere-co-iand-2013.