Employee's death at hands of supervisor may be an adverse action attributable to employer under civil rights statutes

Law Reporter, Oct 2004

Harris v. Papa John's Pizza, 679 N.W.2d 673 (Iowa 2004).

The Iowa Supreme Court held an employee's death at the hands of a supervisor may be considered an adverse action attributable to the employer under civil rights statutes.

Here, Harris, an employee of a pizza franchise, found out his supervisor had sexual relations with a coworker. Harris told another store's manager. The franchise's general manager learned of Harris's statement and allegedly told his supervisor to talk to Harris because reporting die affair could get the supervisor in trouble. The supervisor yelled at Harris and told him he could not trust him, where-upon the men agreed that Harris would let the supervisor punch him in the chest so they would be even. When punched, Harris sufiered a cardiac arrhythmia and died.

His parents, on behalf of his estate, filed a claim for workers' compensation benefits, which was denied because the insurer determined the injury was not in the course and scope of his employment. The estate then sued the franchise, alleging retaliation in violation of state and federal civil rights acts, among other claims. The trial court granted defendant summary judgment.

Reversing in part, the state high court noted federal and state civil rights statutes require a causal connection between an employee's protected activity and an adverse employment action taken against the employee. The trial court found the punch might be an adverse action but that the supervisor's retaliatory actions were not attributable to the employer. The court here said this was an erroneous bifurcation, and the only question is whether die punch was an adverse employment action attributable to defendant as a matter of law. The court noted it has previously defined an adverse employment action as "an action that detrimentally affects die terms, conditions, or privileges of employment." A death results in die termination of employment, arid far lesser punishments have supported a finding of retaliation, the court said.

In this case, the court held, a jury could conclude the punch was more sinister tiian merely two friends fighting. The facts, when viewed most favorably to plaintiff, could demonstrate that Harris reported a violation of the harassment policy, was summoned to work by an angry supervisor, and was later killed by diat supervisor. In tiiis light, tiiere is no reason that punching an employee for making a report of sexual harassment cannot constitute a retaliatory adverse employment action.

Accordingly, the court remanded on the civil rights claims.

Plaintiff's Counsel

* Jerry A. Soper, Davenport, Iowa

Dorothy A. O'Brien, Davenport, Iowa