APRIL THOMAS, Plaintiff - Appellant, vs. STATE OF IOWA CHILD SUPPORT COLLECTIONS, Defendant - Appellee.
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF IOWA
No. 8-938 / 08-0722
Filed December 31, 2008
APRIL THOMAS,
Plaintiff-Appellant,
vs.
STATE OF IOWA CHILD
SUPPORT COLLECTIONS,
Defendant-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Michael D. Huppert,
Judge.
April Thomas appeals from a district court summary judgment ruling in
favor of the State. AFFIRMED.
Alfredo Parrish and Tammy Westhoff Gentry of Parrish, Kruidenier, Dunn,
Boles, Gribble, Parrish, Gentry & Fisher, L.L.P., Des Moines, for appellant.
Thomas J. Miller, Attorney General, and Barbara E.B. Galloway, Assistant
Attorney General, for appellee State.
Considered by Sackett, C.J., and Eisenhauer and Doyle, JJ.
2
DOYLE, J.
April Thomas appeals from a district court summary judgment ruling in
favor of the State. Thomas contends the district court erred because genuine
issues of material fact exist concerning each of her claims. Upon our review, we
affirm the judgment of the district court.
I. Background Facts and Proceedings.
Thomas, an African-American female, began employment with the State
of Iowa through Iowa Workforce Development on October 30, 1998. Thomas
was laid off on January 31, 2002, but returned to work with the State of Iowa as a
mail clerk with the Iowa Child Support Collections Services Center (CSC) on
October 4, 2002. Thomas continues to be in CSC‟s employ.
CSC has a statutory mandate that it disburse payments it receives within
two working days. Iowa Code § 252B.15 (2007). As a CSC mail clerk, Thomas
has set work hours. Pursuant to CSC‟s written work polices, flex time is not
allowed to accommodate a particular employee‟s schedule.
Additionally,
“continual and punctual work attendance” is required and is an essential function
of Thomas‟s position, given the above-stated statutory mandate.
In approximately 2003, Thomas was diagnosed with fibromyalgia, which
often caused her to wake up stiff and fatigued. Her stiffness and fatigue would
sometimes cause Thomas to be late to work in the morning. Because Thomas
was not allowed to make up the time she missed in the morning by working late
or by working through her lunch break pursuant to CSC‟s policy disallowing flex
time, in 2003 and again in 2005, Thomas requested and received leave pursuant
to the Family and Medical Leave Act (FMLA) to accommodate her tardiness
3
resulting from fibromyalgia.
From 2003 through January 24, 2008, Thomas
requested and was approved to use a total of 17.09 hours of FMLA leave for the
time in the mornings that she was late as a result of her fibromyalgia.
On October 20, 2005, Thomas broke her ankle near her apartment,
requiring surgery. Thomas subsequently requested and received FMLA leave for
the time she would be recuperating from the surgery, estimated to be eight
weeks. During her leave, Thomas‟s supervisor advised Thomas by letter that
Thomas had exhausted her sick leave and that effective January 3, 2006,
Thomas would reach the 480 hours of FMLA leave entitlement. Consequently,
CSC was granting Thomas a ninety-day medical leave without pay pursuant to
the collective bargaining agreement covering Thomas after her FMLA leave
ended. Although Thomas returned to work on February 15, 2006, she received
unpaid medical leave totaling 180 days, from October 24, 2005, through April 21,
2006.
On September 22, 2006, Thomas filed a complaint against CSC with the
Iowa Civil Rights Commission (ICRC) and the Equal Employment Opportunity
Commission (EEOC) alleging discrimination based upon physical disability, color,
and race. Thomas‟s complaint alleged her team leader discriminated against
her.
Specifically, she claimed her team leader was overheard by three
employees “talking bad” about Thomas‟s FMLA problems. Additionally, Thomas
stated:
Since I was off on FMLA for the broken [ankle], I had no vacation
time left. As such, I was getting my pay docked. It seems to me
that [my team leader], my supervisor, feels that since I am out of
FMLA time, I should not get sick.
4
She even told [my supervisor] . . . that I am playing games
when I call in sick; however, I have FMLA papers from my doctor.
[Three coworkers] overheard [the conversation between my team
leader and my supervisor]. I complained to the union about [my
team leader] loudly criticizing employees.
[One coworker] also sent an e-mail about how [my team
leader] is abusive to her employees. [This coworker] overheard
[my team leader] using profanity and loudly complaining about us
not opening doors for people who are locked out. [My team leader]
said that “we are too lazy to get off our butts and open the front
door for people.”
I feel that [my team leader] does not like me at all because I
am a disabled black woman. This is why she goes to other
employees trying to instigate trouble. [My team leader] has told me
that my fellow employees are the ones who became most upset by
my tardiness. However, I go to work sick most of the time and work
hard when I am there. Everyone knows how hard I work and get
how I get the job done. Everyone also knows that [my team leader]
does not like me.
Furthermore, I notice harassment of all employees using
FMLA, except [my team leader‟s] daughter, who also works with
me. [My team leader‟s] daughter is late almost every day and, to
my knowledge, has not [so] much as received a verbal reprimand.
[My team leader‟s] daughter will arrive late, and then take an
immediate cigarette break with [my team leader] and another
woman.
The stress of this hostile work environment causes me pain
and sickness.
After receiving right to sue letters from the ICRC and EEOC, Thomas filed
suit against CSC, amended June 29, 2007, alleging that CSC discriminated
against her based upon: (I) her disability in violation of the Iowa Civil Rights Act
(ICRA), Iowa Code section 216.6; (II) her race in violation of the ICRA, Iowa
Code section 216.6; and (III) her race in violation Title VII of the Federal Civil
Rights Act, 42 U.S.C. § 2000(e). Regarding Count III, Thomas further alleged
that CSC took adverse employment and disciplinary action against her, and that
her race was a motivating or determining factor in CSC‟s discrimination and
harassment of her.
5
Following discovery, CSC moved for summary judgment, contending it
was entitled to summary judgment as a matter of law because Thomas could not
show sufficient facts to prove her discrimination claims.
Specifically, CSC
asserted that, among other things, Thomas‟s physical impairment did not
substantially limit any major life activity; Thomas could not prove she had been
subjected to discipline, reprimands, or race-based harassment; and Thomas was
not similarly situated to her team leader‟s daughter. Thereafter, Thomas filed her
resistance alleging genuine issues of material facts existed such that summary
judgment was not proper. Along with her resistance, Thomas filed her response
to CSC‟s statement of undisputed facts and additional undisputed facts.
However, no depositions, answers to interrogatories, admissions, or affidavits
were provided or specifically referenced in her response.
On April 3, 2008, the district court granted CSC‟s motion. The district
court concluded Thomas failed to establish that material facts were in dispute,
and determined CSC was entitled to summary judgment as a matter of law.
Thomas appeals.
II. Scope and Standards of Review.
We review the district court‟s summary judgment rulings for the correction
of errors at law. Iowa R. App. P. 6.4; Alliant Energy-Interstate Power & Light Co.
v. Duckett, 732 N.W.2d 869, 873 (Iowa 2007). Summary judgment is appropriate
when the pleadings, depositions, answers to interrogatories, admissions on file,
and affidavits show there is no genuine issue of material fact, and the moving
party is entitled to a judgment as a matter of law. Iowa R. Civ. P. 1.981(3);
Walderbach v. Archdiocese of Dubuque, Inc., 730 N.W.2d 198, 199 (Iowa 2007).
6
“In reviewing the district court‟s ruling, the evidence presented must be viewed in
the „light most favorable to the party opposing the motion for summary
judgment.‟” Cemen Tech, Inc. v. Three D Indus., L.L.C., 753 N.W.2d 1, 5 (Iowa
2008).
The party moving for summary judgment has the burden to prove the facts
are undisputed. Estate of Harris v. Papa John’s Pizza, 679 N.W.2d 673, 677
(Iowa 2004).
When a motion for summary judgment is made and properly
supported, the opposing party may not rest upon the mere allegations or denials
of the pleadings, but, by affidavits, depositions, answers to interrogatories,
admissions on file, or as otherwise provided in rule 1.981, must set forth specific
facts showing the existence of a genuine issue for trial. Iowa R. Civ. P. 1.981(5);
Bitner v. Ottumwa Cmty. Sch. Dist., 549 N.W.2d 295, 299 (Iowa 1996). A fact
question arises if reasonable minds can differ on how the issue should be
resolved. Walderbach, 730 N.W.2d at 199. “Speculation is insufficient to create
a genuine issue of material fact.” Cemen Tech, Inc., 753 N.W.2d at 5. However,
no fact question exists if the dispute only concerns the legal consequences
flowing from undisputed facts. McNertney v. Kahler, 710 N.W.2d 209, 210 (Iowa
2006).
III. Discussion.
On appeal, Thomas contends the district court erred because genuine
issues of material fact exist concerning each of her claims. Upon our review, we
affirm the judgment of the district court.
7
A. Disability Discrimination Claim.
The ICRA generally prohibits an employer from discriminating against a
qualified person because of a disability. Iowa Code § 216.6(1); see also Casey’s
Gen. Stores, Inc. v. Blackford, 661 N.W.2d 515, 519 (Iowa 2003). In construing
the ICRA, the corresponding federal statutory framework—in this case the
Americans with Disabilities Act (ADA)—is instructive. See Casey’s, 661 N.W.2d
at 519. With these principles in mind, we note that Thomas did not put forth
direct evidence of discrimination.
Consequently, her disability discrimination
claim is assessed under the burden-shifting framework set forth in McDonnell
Douglas Corp. v. Green and its progeny. 411 U.S. 792, 802-03, 93 S. Ct. 1817,
1824, 36 L. Ed. 2d 668, 677-78 (1973); see also St. Mary’s Honor Ctr. v. Hicks,
509 U.S. 502, 506-07, 113 S. Ct. 2742, 2746-47, 125 L. Ed. 2d 407, 415-16
(1993); United States Postal Serv. Bd. of Governors v. Aikens, 460 U.S. 711,
714-15, 103 S. Ct. 1478, 1481-82, 75 L. Ed. 2d 403, 409-10 (1983). Under this
framework, a claimant must first establish a prima facie case of discrimination.
Young v. Warner-Jenkinson Co., 152 F.3d 1018, 1021 (8th Cir. 1998). If the
plaintiff satisfies this initial burden, a rebuttable presumption of discrimination is
created, and the burden then shifts to the defendant-employer to rebut the
presumption by articulating a legitimate, nondiscriminatory reason for its actions.
Young, 152 F.3d at 1021; see also Casey’s, 661 N.W.2d at 519-20.
If the
employer proffers such a reason, the presumption of discrimination disappears
and the claimant must demonstrate the nondiscriminatory reason asserted by the
employer is merely a pretext for intentional discrimination. Young, 152 F.3d at
1021; Casey’s, 661 N.W.2d at 520.
8
In order to succeed on her claim of disability discrimination, Thomas must
first establish a prima facie case of discrimination by showing (1) she has a
disability as defined by the ADA, 42 U.S.C. § 12102(2)(2); (2) she is qualified to
perform the essential functions of her job, with or without reasonable
accommodation; and (3) she has suffered an adverse employment action from
which an inference of unlawful discrimination arises. Casey’s, 661 N.W.2d at
519; see also Allen v. Interior Constr. Servs., Ltd., 214 F.3d 978, 981 (8th Cir.
2000) (setting forth the elements of a prima facie case of discrimination under the
ADA). The district court concluded Thomas failed to generate factual issues on
the elements of her status as a disabled person and the existence of any adverse
employment action, and accordingly determined CSC was entitled to summary
judgment in its favor on the claim.
1. Disability.
A disabled person is defined as “any person who has a physical or mental
impairment which substantially limits one or more major life activities, has a
record of such an impairment, or is regarded as having such an impairment.”
Iowa Admin. Code r. 161-8.26(1) (2007); Probasco v. Iowa Civil Rights Comm’n,
420 N.W.2d 432, 434 (Iowa 1988) (emphasis added). It is an undisputed fact
that Thomas has the physical impairment of fibromyalgia. The fighting issue here
is whether the district court erred in finding Thomas‟s fibromyalgia did not
“substantially limit” a major life activity.
“„[S]ubstantially‟ in the phrase „substantially limits‟ suggests „considerable‟
or „to a large degree.‟” Hansen v. Seabee Corp., 688 N.W.2d 234, 240 (Iowa
2004) (quoting Toyota Motor Mfg., Ky., Inc. v. Williams, 534 U.S. 184, 196, 122
9
S. Ct. 681, 691, 151 L. Ed. 2d 615, 630 (2002)).
Consequently, the word
“substantial” “clearly precludes impairments that interfere in only a minor way
with [a major life activity] from qualifying as disabilities.” Id. (citations omitted).
Pertinent regulations provide that:
The term substantially limits means:
(i) Unable to perform a major life activity that the average person in
the general population can perform; or
(ii) Significantly restricted as to the condition, manner or duration
under which an individual can perform a particular major life activity
as compared to the condition, manner, or duration under which the
average person in the general population can perform that same
major life activity.
Id. (quoting 29 C.F.R. § 1630.2(j)(1)), see also Bearshield v. John Morrell & Co.,
570 N.W.2d 915, 920 (Iowa 1997).
In support of its motion for summary judgment, CSC provided portions of
Thomas‟s deposition and her doctor‟s deposition to show she could not generate
genuine issues of material fact to support her disability claim.
The part of
Thomas‟s deposition provided only states that because of her fibromyalgia, “it‟s
kind of hard for me to get up in the morning. Sometimes it feels like I get up with
a truck running over me . . . . [I]t hurts when I move. It‟s so bad, I can‟t even
bend down . . . .” The part of Thomas‟s doctor‟s deposition provided only states,
when asked to describe Thomas‟s condition of fibromyalgia: “the first time that I
saw her, she was having generalized pain . . . and some sleep disturbance,
which is the usual story in people who have fibromyalgia. . . . [S]he told me that
she had severe fatigue, that she was stiff for hours . . . .” Although Thomas, in
response, claimed that she suffered from “symptoms of extreme pain, stiffness,
and reduced mobility,” and that fibromyalgia affected her “ability to care for
10
herself, prepare meals, get restful sleep, and prepare herself for her workday,”
Thomas neither provided nor referenced any depositions, answers to
interrogatories, admissions, or affidavits to support her assertions.
Viewing the record in a light most favorable to Thomas, we agree that
Thomas‟s unsupported assertions did not create issues of fact for purposes of
resisting the CSC‟s summary judgment motion. Iowa R. Civ. P. 1.981(5); Bitner,
549 N.W.2d at 299.
Consequently, the only established activities in which
Thomas claimed to have been limited was getting up and around in the morning
as a result of pain and fatigue caused by fibromyalgia. Furthermore, we agree
with the district court‟s conclusion:
[T]he amount of restriction [Thomas] has encountered (just over
[seventeen] hours over the course of almost five years, as
measured by her FMLA leave), while inconvenient, cannot be
interpreted as substantial. A reasonable fact-finder would not find
these limitations significant.
We therefore conclude the district court did not err in determining Thomas failed
to establish genuine issues of material fact existed regarding whether
fibromyalgia substantially limited any of Thomas‟s major life activities.
2. Adverse Employment Action.
Even assuming Thomas could establish genuine issues of material fact
existed regarding the first two elements of discrimination, viewing the record in a
light most favorable to Thomas, we conclude the district court did not err in
determining Thomas failed to establish genuine issues of material fact existed
regarding whether she suffered an adverse employment action from which an
inference of unlawful discrimination arose.
11
An adverse employment action is defined as “an action that detrimentally
affects the terms, conditions, or privileges of employment. Changes in duties or
working conditions that cause no materially significant disadvantage to the
employee are not adverse employment actions.”
Channon v. United Parcel
Serv., Inc., 629 N.W.2d 835, 862 (Iowa 2001) (citation omitted). “[T]he question
whether an employee has suffered a materially adverse employment action will
normally depend on the facts of each situation.” Id. (quoting Bryson v. Chicago
State Univ., 96 F.3d 912, 916 (7th Cir. 1996)). Consequently, “a wide variety of
actions, some blatant and some subtle, can qualify,” such as the loss of
professional titles, deprivation of advancement opportunities, as well as
“disciplinary demotion, termination, unjustified evaluations and reports, loss of
normal work assignments, and extension of probationary period.” Id. (citations
omitted). “[F]ormal criticisms or reprimands, without additional disciplinary action
such as a change in grade, salary, or other benefits, do not constitute adverse
employment actions.” Singletary v. Missouri. Dep’t of Corrs., 423 F.3d 886, 891
n.5 (8th Cir. 2005) (citing Stewart v. Evans, 275 F.3d 1126, 1136 (D.C. Cir.
2002)).
Thomas‟s amended petition alleges that “she has been subjected to
adverse employment actions” because she is “discipline[d] and reprimand[ed] on
those occasions she is unable to make it to work in a timely fashion.”
Specifically, Thomas maintains “the fact that [Thomas‟s] supervisor made
[Thomas‟s] job more difficult to perform and increased her stress at work
constitutes adverse employment action.” However, Thomas‟s alleged facts are
not supported by any depositions, answers to interrogatories, admissions, or
12
affidavits to support her assertions, as required by rule 1.981(5). Viewing the
record in a light most favorable to Thomas, Thomas has not provided any
evidence that conceivably could result in a finding that she was disciplined and
reprimanded for coming into work late, or that her supervisor made her job more
difficult to perform and increased her stress at work. We therefore conclude the
district court did not err in determining Thomas failed to establish genuine issues
of material fact existed regarding whether she suffered an adverse employment
action from which an inference of unlawful discrimination arises. Consequently,
we further conclude the district court did not err in determining CSC was entitled
to summary judgment as a matter of law concerning Thomas‟s disability
discrimination claim.
B. ICRA Racial Discrimination Claim.
The ICRA generally prohibits an employer from discriminating against a
qualified person because of race. Iowa Code § 216.6(1). “Because the ICRA is
modeled after the federal legislation, Iowa courts have traditionally looked to
federal law for guidance in interpreting it.” Pecenka v. Fareway Stores, Inc., 672
N.W.2d 800, 803 (Iowa 2003). “The basic elements of a prima facie case of
racial discrimination in employment are: (1) plaintiff is a member of a protected
class; (2) plaintiff was performing the work satisfactorily; and (3) plaintiff suffered
an adverse employment action.”
Farmland Foods, Inc. v. Dubuque Human
Rights Com’n, 672 N.W.2d 733, 742 n.1 (Iowa 2003) (citing Sievers v. Iowa Mut.
Ins. Co., 581 N.W.2d 633, 638 (Iowa 1998)).
Thomas contends the district court erred in determining she failed to
establish that genuine issues of material fact existed as to her claim, and asserts
13
she suffered an adverse employment action from which an inference of unlawful
discrimination arose. Specifically, Thomas alleges her supervisor subjected her
to extreme and disparate scrutiny, criticisms, informal verbal reprimands,
negative attitude, and disparaging public remarks, constituting an adverse
employment action. However, as stated above, Thomas has not supported these
allegations by any depositions, answers to interrogatories, admissions, or
affidavits as required by rule 1.981(5). Furthermore, the alleged criticisms or
reprimands are not supported by any additional disciplinary action such as a
change in grade, salary, or other benefits to evidence an adverse employment
action. Consequently, viewing the record in a light most favorable to Thomas, we
agree with the district court‟s determination that Thomas failed to establish
genuine issues of material fact existed regarding whether she suffered an
adverse employment action from which an inference of unlawful discrimination
arises.
C. Title VII Harassment/Hostile Work Environment Claim.
Like the IRCA, “Title VII of the Civil Rights Act of 1964 (Title VII) makes it
an unlawful employment practice for an employer to „discharge any individual . . .
because of such individual‟s race, color, religion, sex, or national origin.‟”
Twymon v. Wells Fargo & Co., 462 F.3d 925, 933 (8th Cir. 2006) (quoting 42
U.S.C. § 2000e-2(a)(1)).
Thomas asserts that her supervisor harassed her,
subjecting her to a hostile work environment in violation of Title VII. To establish
a prima facie hostile work environment claim for coworker harassment under Title
VII, Thomas must prove:
14
(1) she was a member of a protected group; (2) the occurrence of
unwelcome harassment; (3) a causal nexus between the
harassment and her membership in the protected group; (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 effective remedial action.
Jenkins v. Winter, 540 F.3d 742, 748 (8th Cir. 2008).
Thomas contends the district court erred in granting CSC summary
judgment because a genuine issue of material fact existed regarding her claim of
racial harassment/hostile work environment. Specifically, she asserts that she
has been the subject of unwelcome harassment by her supervisor, in the form of
loud and disparaging criticisms in Thomas‟s absence but in the presence of her
coworkers, disparate scrutiny, gossip, and hostile comments. At her deposition,
when asked how she was harassed, Thomas testified that: “[H]arassment can
be attitude, the way they show you . . . they didn‟t appreciate the things you did
by just body language, looks and just letting you know.” Thomas further testified
that her team leader “acts like a monster when she‟s having attitudes,” and
testified her team leader showed Thomas attitude by her team leader‟s body
language and her team leader‟s “moods” towards Thomas.
When asked if
anyone at CSC had stated any racial slurs against her, Thomas testified: “No.
It‟s by action you can tell,” but did not detail any actions by her team leader
beyond those described above.
Although Thomas maintains “there is sufficient evidence in the record to
demonstrate that [Thomas] perceived that she is being harassed by [her
supervisor],” we disagree. Thomas has not supported her allegations that she
was the subject of unwelcome harassment by her supervisor, in the form of loud
15
and disparaging criticisms in Thomas‟s absence but in the presence of her coworkers, disparate scrutiny, gossip, and hostile comments by any depositions,
answers to interrogatories, admissions, or affidavits as required by rule 1.981(5).
Additionally, we agree with the district court‟s conclusion:
While [Thomas] may have felt this conduct was subjectively
harassing, it is well-settled that criticism, close supervision of work
activities and antipathy between a supervisor and an employee,
absent direct evidence of racial discrimination, is insufficient to
establish that a reasonable person would find the conduct abusive
or hostile. [Farmland Foods, Inc.], 672 N.W.2d at 744-45. Further,
there is nothing in this record to suggest that [Thomas‟s team
leader‟s conduct] was racially motivated. Finally, as stated above,
there is no proof that [Thomas] has been subjected to adverse
employment action.
We therefore conclude the district court did not err in granting CSC summary
judgment because no genuine issue of material fact existed regarding Thomas‟s
claim of racial harassment/hostile work environment under Title VII.
IV. Conclusion.
Because we conclude the district court did not err in determining Thomas
failed to establish genuine issues of material fact existed regarding her disability
and racial discrimination claims and CSC was entitled to judgment as a matter of
law, we affirm the judgment of the district court.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.