Exclusive remedy bars workers suit over sexual harassment
- June 23, 2025
- Posted by: Web workers
- Category: Workers Comp
The Iowa Supreme Court on Friday ruled that exclusive remedy bars a call center worker’s lawsuit claiming negligence for failure to protect her from sexual-related assault and battery by her supervisor.
The woman worked for the Thomas L. Cardella & Associates call center, where she claimed 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 the behavior of both men and quit when Cardella failed to offer a solution. Her lawsuit claimed negligent hiring, supervision and retention of the offending supervisors.
Cardella moved to dismiss the lawsuit, arguing that her claim was a sexual harassment/hostile work environment claim and was preempted by the Iowa Civil Rights Act, of which the filing period had passed.
The woman then clarified, stating Cardella’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. A different district court judge denied Cardella’s motion.
A jury later awarded the woman $400,000 for emotional distress.
In the latest ruling, the state’s highest court said the district court judge erred over the exclusive remedy argument, writing that when an employee is injured by the tortious acts of another employee at work, the workers compensation exclusivity rule precludes a common law tort action against the employer for the resulting injuries, even when the co-employee’s conduct is intentional.
The court said the lawsuit “was recovery of mental health 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.
