Greenland v. Fairtron Corp., 500 N.W.2d 36 (Iowa 1993). · Go Syfert
Greenland v. Fairtron Corp., 500 N.W.2d 36 (Iowa 1993). Cases Citing This Book View Copy Cite
G Cite
cited 3× by 3 distinct cases · …complete without any reference to discrimination.
139 citation events (92 in the last 25 years) across 6 distinct courts.
Strongest positive: Joanne Cote v. Derby Insurance Agency, Inc., an Iowa Corporation, and Kevin Dorn, Individually (iowa, 2018-03-09)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
cited Cited as authority (rule) Joanne Cote v. Derby Insurance Agency, Inc., an Iowa Corporation, and Kevin Dorn, Individually
Iowa · 2018 · confidence medium
“Preemption occurs unless the [tort] claims are separate and independent, and therefore incidental, causes of action.” Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993).
cited Cited as authority (rule) Joanne Cote v. Derby Insurance Agency, Inc., an Iowa Corporation, and Kevin Dorn, Individually
Iowa Ct. App. · 2017 · confidence medium
“Preemption occurs unless the [tort] claims are separate and independent, and therefore incidental, causes of action.” Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993).
cited Cited as authority (rule) Stoddard v. BE & K, Inc.
S.D. Iowa · 2014 · confidence medium
Co., 220 F.Supp.2d 979, 995 (N.D.Iowa 2002) (alteration in original) (quoting Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993)).
examined Cited as authority (rule) Napreljac v. John Q. Hammons Hotels, Inc. (3×) also: Cited "see"
S.D. Iowa · 2006 · confidence medium
“To the extent the ICRA provides a remedy for a particular discriminatory practice, its procedure is exclusive and the claimant asserting that practice must pursue the remedy it affords.” Smidt v. Porter, 695 N.W.2d 9, 17 (Iowa 2005); accord Channon v. United Parcel Serv., Inc., 629 N.W.2d 835, 858 (Iowa 2001); Borschel, 512 N.W.2d at 567-68; Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993); Grahek v. Voluntary Hosp.
discussed Cited as authority (rule) Soto v. John Morrell & Co.
N.D. Iowa · 2003 · confidence medium
Stricker v. Cessford Construction Co., 179 F.Supp.2d 987, 1014 (N.D.Iowa 2001); see McElroy v. State, 637 N.W.2d 488, 499 (Iowa 2001) (using federal case law to flesh out the distinction between quid pro quo harassment and sexually hostile work environment claims under the ICRA); Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993) (analyzing propriety of a sexually hostile work environment claim under the ICRA using the same factors as employed by federal courts in analyzing comparable claims under Title VII); Lynch v. City of Des Moines, 454 N.W.2d 827, 833-34 (Iowa 1990) (recognizing …
discussed Cited as authority (rule) Nuss v. Central Iowa Binding Corp.
S.D. Iowa · 2003 · confidence medium
The Iowa Supreme Court has held “the ICRA ... provides the exclusive remedy for particular conduct prohibited under that statute.” Channon v. United Parcel Serv., Inc., 629 N.W.2d 835, 857 (Iowa 2001) (citing Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993)).
discussed Cited as authority (rule) Fisher v. Electronic Data Systems
S.D. Iowa · 2003 · confidence medium
The claims are not separate and independent when, under the facts of the case, success in the nonchapter [216] claims ... requires proof of discrimination.” Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993) (citations omitted).
discussed Cited as authority (rule) Candice E. Mitchell v. Iowa Protection and Advocacy Services, Inc. Sylvia Piper
8th Cir. · 2003 · confidence medium
Although the Iowa Supreme Court has held that an employer may not terminate an at-will employment arrangement for reasons that violate public policy, see Lara v. Thomas, 512 N.W.2d 777, 781-82 (Iowa 1994), that court has explicitly held that the ICRA is the exclusive remedy for claims based on discrimination, see Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993).
discussed Cited as authority (rule) Candice E. Mitchell v. IA Protection and
8th Cir. · 2003 · confidence medium
Although the Iowa Supreme Court has held that an employer may not terminate an at-will employment arrangement for reasons that violate public policy, see Lara v. Thomas, 512 N.W.2d 777, 781-82 (Iowa 1994), that court has explicitly held that the ICRA is the exclusive remedy for claims based on discrimination, see Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993).
examined Cited as authority (rule) Martinez v. Cole Sewell Corp. (3×) also: Cited "see"
N.D. Iowa · 2002 · confidence medium
Greeenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993).
discussed Cited as authority (rule) Freeman v. Busch
S.D. Iowa · 2002 · confidence medium
Instruction 1900.4 was outlined in Greenland v. Fairtron Corp., 500 N.W.2d 36, 39 (Iowa 1993) for the limited purpose of determining whether the common law claim of battery was preempted by the Iowa Civil Rights Act. 7 .
discussed Cited as authority (rule) Casey v. Riedel
S.D. Iowa · 2002 · confidence medium
Because of the exclusive nature of the ICRA’s statutory remedy, “Preemption occurs unless the claims are separate and independent, and therefore incidental, causes of action.” Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993).
discussed Cited as authority (rule) Weems v. Federated Mutual Insurance (2×)
N.D. Iowa · 2002 · confidence medium
Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993); Vaughn v. Ag Processing, Inc., 459 N.W.2d 627, 639 (Iowa 1990); Nonthrup v. Farmland Indus., Inc., 372 N.W.2d 193, 197 (Iowa 1985).
examined Cited as authority (rule) Stricker v. Cessford Construction Co. (4×) also: Cited "see"
N.D. Iowa · 2001 · confidence medium
Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993); Lynch, 454 N.W.2d at 833 .
discussed Cited as authority (rule) Channon v. United Parcel Service, Inc.
Iowa · 2001 · confidence medium
In Greenland v. Fairtron Corp., we held that the ICRA, Iowa Code chapter 216 (formerly chapter 601A), provides the exclusive remedy for particular conduct prohibited under that statute. 500 N.W.2d 36, 38 (Iowa 1993).
discussed Cited as authority (rule) Patricia A. Piziali v. Grand View College
8th Cir. · 2000 · confidence medium
Finally, we conclude that to the extent Piziali’s emotional-distress claims were not precluded by the ICRA, see Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993), they are meritless, because the alleged conduct was not outrageous under applicable state law, see Taggart v. Drake Univ., 549 N.W.2d 796, 802 (Iowa 1996) (“conduct must be extremely egregious; mere insult, bad manners, or hurt feelings are insufficient”; factor of supervisory authority over plaintiff did not make defendant’s conduct outrageous); Cutler v. Klass, Whicher & Mishne, 473 N.W.2d 178, 183 (Iowa 1991) (pec…
cited Cited as authority (rule) Westin v. Mercy Medical Services, Inc.
N.D. Iowa · 1998 · confidence medium
Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993).
discussed Cited as authority (rule) Thompto v. Coborn's Inc. (2×)
N.D. Iowa · 1994 · confidence medium
Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993).
discussed Cited as authority (rule) O'BRYAN v. KTIV Television (2×) also: Cited "see"
N.D. Iowa · 1994 · confidence medium
Preemption By The Iowa Civil Rights Act. 17 Iowa Code Chapter 216 (1993) established the Iowa Civil Rights Commission and provides statutory remedies for enforcement of basic civil rights. 18 Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993).
cited Cited as authority (rule) Thomas v. St. Luke's Health Systems, Inc.
N.D. Iowa · 1994 · confidence medium
Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993).
examined Cited as authority (rule) Chester v. Northwest Iowa Youth Emergency Services Center (3×) also: Cited "see"
N.D. Iowa · 1994 · confidence medium
Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993).
discussed Cited "see" Tina Haskenhoff v. Homeland Energy Solutions, LLC
Iowa · 2017 · signal: see · confidence high
See Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993) (citing same standard for supervisor harassment); Vaughn v. Ag Processing, Inc., 459 N.W.2d 627, 634 (Iowa 1990) (en banc) (applying same standard to supervisor harassment); Edmunds v. Mercy Hosp., 503 N.W.2d 877, 879 (Iowa Ct. App. 1993) (noting same standard for supervisor harassment).
discussed Cited "see" Newkirk v. GKN Armstrong Wheels, Inc.
N.D. Iowa · 2016 · signal: accord · confidence high
To recover damages for intentional infliction of emotional distress, Newkirk must prove: “‘(1) outrageous conduct by the defendant; (2) the defendant intentionally caused, or recklessly disregarded the probability of causing, the emotional distress; (3) the plaintiff suffered severe or extreme emotional distress; and (4) the defendant’s outrageous conduct was the actual and proximate cause of the emotional distress.’ ” Smith v. Iowa State Univ., 851 N.W.2d 1, 26 (Iowa 2014) (quoting Barreca v. Nickolas, 683 N.W.2d 111, 123 (Iowa 2004) (quoting in turn Fuller v. Local Union No. 106, 5…
discussed Cited "see" Deboom v. Raining Rose, Inc.
Iowa · 2009 · signal: see · confidence high
Iowa Code § 216.16 (5). “[D]amages shall include but are not limited to actual damages, court costs and reasonable attorney fees.” Id. § 216.15(8)(a)(8); see Greenland v. Fairtron Corp., 500 N.W.2d 36 , 39 n. 6 (Iowa 1993) (stating employee claiming sex discrimination mayrecover emotional distress damages without a showing of outrageous conduct).
discussed Cited "see" Elizabeth Chacey Deboom Vs. Raining Rose, Inc., Chart Acquisition Corp., Charles Hammond, And Estate Of Art Christoffersen
Iowa · 2009 · signal: see · confidence high
Iowa Code § 216.16 (5). “[D]amages shall include but are not limited to actual damages, court costs and reasonable attorney fees.” Id. § 216.15(8)(a)(8); see Greenland v. Fairtron Corp., 500 N.W.2d 36 , 39 n.6 (Iowa 1993) 18 (stating employee claiming sex discrimination may recover emotional distress damages without a showing of outrageous conduct).
discussed Cited "see" Lopez v. Aramark Uniform & Career Apparel, Inc. (2×) also: Cited "see, e.g."
N.D. Iowa · 2006 · signal: see · confidence high
See Greenland, 500 N.W.2d at 38 (stating that, in a case involving harassment by a manager, “in order to establish a claim of sexually hostile work environment harassment, it must prove[d] that ... the employer knew or should have known of the harassment and failed to take prompt and remedial action”); Lynch, 454 N.W.2d at 833 (applying the “knew or should have known standard” to a case involving coworker sexual harassment). 11 *949 However, since that time, the Iowa Supreme Court issued its opinion in Farmland Foods, Inc. v. Dubuque Human Rights Commission, 672 N.W.2d 733 (Iowa 2003).
cited Cited "see" Smidt v. Porter
Iowa · 2005 · signal: accord · confidence high
Channon, 629 N.W.2d at 857 ; accord Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993).
discussed Cited "see" Tinius v. Carroll County Sheriff Department (2×)
N.D. Iowa · 2004 · signal: see · confidence high
Restatement (Seoond) of Torts § 21; see Greenland v. Fairtron Corp., 500 N.W.2d 36 , 38 & n. 4 (Iowa 1993) (looking to the Iowa Civil Jury Instructions and the Restatement (Seoond) of ToRts for the elements of assault to determine whether a civil assault claim is preempted by the Iowa Civil Rights Act); Iowa Civil Jury Instructions Nos.1900.1 & 1900.2 (defining assault based on Restatement (Second) of Torts § 21, 31, 32).
cited Cited "see" Burns v. Mayer
D. Nev. · 2001 · signal: see · confidence high
See Greenland v. Fairtron Corp., 500 N.W.2d 36 (Iowa 1993).
cited Cited "see" Switzer v. Rivera
D. Nev. · 2001 · signal: see · confidence high
See Greenland v. Fairtron Corp., 500 N.W.2d 36 (Iowa 1993).
discussed Cited "see" Doe v. Hartz (2×)
N.D. Iowa · 1999 · signal: see · confidence high
Restatement (Second) of Torts § 21; see Greenland v. Fairtron Corp., 500 N.W.2d 36 , 38 & n. 4 (Iowa 1993) (looking to the’ Iowa Civil Jury Instructions and the Restatement (Second) of Torts for the elements of assault to determine whether a civil assault claim is preempted by the Iowa Civil Rights Act); Iowa Civil Jury Instructions Nos.1900.1 & 1900.2 (defining assault based on Restatement (Seoond) of Torts § 21, 31, 32).
examined Cited "see" Knutson v. Sioux Tools, Inc. (3×) also: Cited "see, e.g."
N.D. Iowa · 1998 · signal: see · confidence high
See Thompto v. Coborn’s, Inc., 871 F.Supp. 1097, 1108-09 (N.D.Iowa 1994) (citing Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993)); O’Bryan v. KTIV Television, 868 F.Supp. 1146, 1161 (N.D.Iowa 1994) (same), aff'd in pertinent part, rev’d in part, 64 F.3d 1188 (8th Cir.1995); Thomas v. St.
Retrieving the full opinion text from the archive…
Diana Marie GREENLAND, Appellant,
v.
FAIRTRON CORPORATION, Appellee
Mark T. Hedberg, Des Moines, for appellant., Candy Morgan and David H. Goldman of Black, Goldman & Powell, P.C., Des Moines, for appellee.
McGiverin, Harris, Carter, Lavorato, Andreasen.
Cited by 42 opinions  |  Published
HARRIS, Justice.

Iowa Code chapter 601A (1991) [1] establishes the civil rights commission and provides statutory remedies for enforcement of basic civil rights. We have said that section 601A.16(1) [2] renders the chapter’s remedies exclusive and preemptive. Grahek v. Voluntary Hosp. Coop. Ass’n of Iowa, Inc., 473 N.W.2d 31, 33 (Iowa 1991); Northrup v. Farmland Indus., Inc., 372 N.W.2d 193, 197 (Iowa 1985). The questions in this appeal, a case of claimed sexual harassment, have mainly to do with the extent of the preemption. The district court decided that all viable claims were preempted. We agree in part.

It is clear beyond any doubt that our law protects women from the crude and demeaning language and conduct to which the plaintiff, Diana Marie Greenland, claims to have been subjected. The language included graphic descriptions of fantasized sexual conduct and the circulation of false rumors regarding a meretricious association. The conduct included six instances of inappropriate touching. The un-welcomed remarks and conduct were those of a managerial employee at defendant Fairtron’s work place, where Greenland was employed. Greenland’s complaints to her supervisors were unavailing.

After filing a charge of discrimination with the Iowa civil rights commission, Greenland obtained a right-to-sue letter and brought this suit in district court. In addition to general allegations, the petition set forth four claims for recovery: (1) maintenance of a sexually hostile work environment through sexual harassment in violation of Iowa Code chapter 601A (Iowa civil rights act); (2) intentional infliction of emotional distress; (3) assault; and (4) battery. A jury was demanded on all issues.

Fairtron moved to dismiss the emotional distress, assault, and battery claims, and moved to strike the jury demand. The district court ruled that the conduct complained of did not rise to the required degree of outrageousness required for a claim for intentional infliction of emotional distress. The court also ruled that the claims of intentional infliction of emotional distress, assault, and battery were inextricably intertwined with the chapter 601A sexual harassment claim and were therefore preempted. Finally, because a jury trial is not available under chapter 601A— the only remaining claim — the court denied the request for a jury trial.

The chapter 601A claim remains pending in district court. In this interlocutory appeal Greenland challenges each of the district court’s three rulings.

I. In filing their motion to dismiss, defendants, for the purposes of the motion, assume plaintiff’s allegations of fact. Ruling on such a motion is not discretionary; it rests on legal grounds which we review on error. Harned v. Farmland Foods, Inc., 331 N.W.2d 98, 99 (Iowa 1983). Review is limited, however; we consider only those grounds to dismiss that were asserted in trial court. Berger v. General United Group, Inc., 268 N.W.2d 630, 634 (Iowa 1978). Nevertheless “if any ground asserted in the motion is good, a ruling sustain[*38] ing the motion will be affirmed even though the ground trial court relied on to make its ruling was not good.” Id.

II. Greenland’s claim is derived from the unfair employment practices provisions of Iowa Code section 601A.6. Maintenance of a sexually hostile work environment through sexual harassment is a form of illegal sex discrimination under Iowa Code section 601A.6(1)(a). Lynch v. City of Des Moines, 454 N.W.2d 827, 833 (Iowa 1990).

In Lynch we held that:

In order to establish a valid claim of maintenance of a sexually hostile work environment through sexual harassment, it must be proven that:
(1) the plaintiff belongs to a protected class;
(2) the plaintiff was subject to unwelcome sexual harassment;
(3) the harassment was based upon sex;
(4) the harassment affected a term, condition or privilege of employment; and
(5) the employer knew or should have known of the harassment and failed to take prompt and appropriate remedial action.

Id.

The exclusive nature of the statutory remedy, announced in Northrup, was revisited in Vaughn v. Ag Processing, Inc., 459 N.W.2d 627 (Iowa 1990), and Grahek. Preemption occurs unless the claims are separate and independent, and therefore incidental, causes of action. Grahek, 473 N.W.2d at 34; Vaughn, 459 N.W.2d at 639. The claims are not separate and independent when, under the facts of the case, success in the nonchapter 601A claims (hereafter alternative claims) requires proof of discrimination. See Grahek, 473 N.W.2d at 34. Grahek involved claims of wrongful termination and breach of an implied covenant of good faith and fair dealing. We held the claims were preempted because the only wrongful, bad faith, or unfair act alleged was age discrimination. We found the claims were therefore identical to a chapter 601A age discrimination claim. Grahek, 473 N.W.2d at 34-35.

Greenland’s alternative claims are thus preempted if she must prove discrimination to be successful in them. The test is whether, in light of the pleadings, discrimination is made an element of the alternative claims.

We think the answer with regard to the emotional distress claim [3] is yes, resulting in preemption. Discrimination through sexual harassment is the “outrageous conduct” Greenland specifically alleges in her claim for intentional infliction of emotional distress. So under the facts she alleges, if she were to fail in her claim of discrimination, Greenland would necessarily fail in her claim of intentional infliction of emotional distress. Stated otherwise, it is impossible for Greenland to establish the emotional distress she alleges without first proving discrimination.

Contrary to Greenland’s contention, our decisions in Vaughn and Northrup did not implicitly allow separate claims for intentional infliction of emotional distress in conjunction with chapter 601A discrimination claims. Preemption of the emotional distress claims was never raised or considered in either appeal.

III. Under the same test both the assault [4] and the battery [5] claims are not[*39] preempted. Unlike the claim for intentional infliction of emotional distress, Greenland’s claims for assault and for battery are not bound up in her discrimination complaints. On the facts alleged, discrimination becomes a part and parcel of a showing of intentional infliction of emotional distress. The assault and battery claims, on the other hand, are complete without any reference to discrimination.

IY. It becomes unnecessary for us to consider Greenland’s assertion that the facts she alleges are sufficiently outrageous to support a traditional common-law claim for intentional infliction of emotional distress. [6]

V. The trial court also struck Greenland’s jury demand. The ruling was correct insofar as it related to the chapter 601A claim, and the emotional distress claim it preempts. Greenland is however entitled to a jury trial on . the assault and the battery claims. See Vaughn, 459 N.W.2d at 637.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

1

. The chapter now appears as Iowa Code chapter 216 (1993). References in this opinion will be to the 1991 Code.

2

. Iowa Code § 601A.16(1) provides in pertinent part:

A person claiming to be aggrieved by an unfair or discriminatory practice must initially seek an administrative relief by filing a complaint with the commission in accordance with section 601A.15.
3

.The elements of the tort of intentional infliction of emotional distress are:

(1) Outrageous conduct by the defendant;
(2) The defendant's intentional causing, or reckless disregard of the probability of causing, emotional distress;
(3) Plaintiff suffered severe or extreme emotional distress; and
(4) Actual and proximate causation of the emotional distress by the defendant’s outrageous conduct.

Vaughn, 459 N.W.2d at 635-36.

4

.An assault is committed when a person does:

(1) an act intended to put another in fear of physical pain or injury; [or] (2) an act intended to put another in fear of physical contact which a reasonable person would deem insulting or offensive; and the victim reasonably believes that the act may be carried out immediately.
[*39] Threatening words alone do not constitute an assault unless it appears that the person has the ability to carry out the threat at the time the words were spoken.

Iowa Civil Jury Instruction 1900.2; see also Iowa Code § 708.1 (assault defined).

5

. A battery is committed when a person intentionally does:

1. An act resulting in bodily contact causing physical pain or injuryf; or]
2. An act resulting in bodily contact a reasonable person would deem insulting or offensive.

Iowa Civil Jury Instruction 1900.4.

6

. We note that "[a] chapter 601A complainant may recover damages for emotional distress even without a showing of ... outrageous conduct.” Lynch, 454 N.W.2d at 835.