The Iowa Supreme Court ruled Friday that an exclusive remedy bars a lawsuit by a call center worker alleging negligence for failing to protect her from sexual assault and battery by her boss.
The woman worked for the Thomas L. Cardella & Associates call center, where she alleged two supervisors made inappropriate advances and made inappropriate sexual comments to her and other female employees, according to No. 22-0918.
The woman said she complained about both men’s behavior and quit when Cardella couldn’t offer a solution. Her lawsuit alleged negligent hiring, surveillance and retention by the offending supervisors.
Cardella dismissed the lawsuit, arguing that her claim was a sexual harassment/hostile work environment claim and was preempted by the Iowa Civil Rights Act, whose filing period had passed.
The woman then clarified, stating Cardella̵
7;s failure to protect her from conduct amounting to assault and battery. A district court judge denied the motion to dismiss.Cardella then filed a motion for summary judgment, arguing that the suit was barred by the exclusivity provision of the Iowa Workers’ Compensation Act. Another district court judge rejected Cardella’s motion.
A jury later awarded the woman $400,000 for emotional distress.
In the latest ruling, the state Supreme Court said the district court judge erred on the exclusive remedy argument, writing that when an employee is injured by another employee’s tortious actions on the job, the worker exclusivity rule precludes a common law tort action. the employer for the damages that occur, even when the employee’s behavior is intentional.
The court said the lawsuit “was the recovery of psychological injuries caused by Cardella’s failure to protect her from injuries caused by assault and battery in the workplace; in other words, physical injuries” under state law.
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