Joanne Cote v. Derby Insurance Agency, Inc., an Iowa Corporation, and Kevin Dorn, Individually

Summary

The Iowa Court of Appeals reviewed an interlocutory appeal from the denial of summary judgment in Joanne Cote’s claims against Derby Insurance Agency and Kevin Dorn. The court held that the Iowa Civil Rights Act’s family-member exemption did not apply to the corporate employer, and that factual issues remained regarding the timeliness of the hostile-work-environment and intentional-infliction-of-emotional-distress claims. It affirmed in part, reversed summary judgment on the assault claim, and remanded for further proceedings.

Holdings

1. For purposes of Iowa Code section 216.6(6)(a), the phrase "members of the employer's family" refers to a natural-person employer and does not permit a corporation to count family members of its owners or corporate personnel when determining whether the employer is subject to the Iowa Civil Rights Act.
2. The hostile-work-environment claim was not barred at the summary-judgment stage because Cote presented evidence creating a genuine issue of fact that harassing conduct continued into June or July 2012, within the applicable 300-day filing period.
3. The intentional-infliction-of-emotional-distress and assault claims were not barred at the summary-judgment stage to the extent based on conduct occurring on or after April 7, 2012, although conduct before that date could not serve as the basis for the tort claims.
4. The court declined to decide the preemption issue because Derby had not obtained a district court ruling on it, and preemption is not a subject-matter-jurisdiction issue that could be raised for the first time on appeal.
5. Cote presented sufficient evidence to generate a jury question on whether Dorn engaged in outrageous conduct supporting intentional infliction of emotional distress.
6. Cote's assault claim failed because she did not allege sufficient facts showing an act intended to place her in fear of physical pain, injury, or objectively offensive physical contact that could be carried out immediately. Derby was entitled to summary judgment on that claim.

Questions Presented

1. Whether the Iowa Civil Rights Act's family-member exception to its employee-numerosity requirement applies when the employer is a corporation.
2. Whether Cote's Iowa Civil Rights Act hostile-work-environment claim and tort claims were barred by the applicable statutes of limitation.
3. Whether Cote's tort claims were preempted by the Iowa Civil Rights Act.
4. Whether the summary-judgment record generated a genuine issue of material fact on Cote's intentional-infliction-of-emotional-distress claim.
5. Whether the summary-judgment record generated a genuine issue of material fact on Cote's assault claim.

Disposition

reversed_and_remanded