275 F. Supp. 3d 1006
S.D. Iowa2017Background
- Diane Strehlow was a contract French teacher and National Honor Society advisor at Marshalltown Community High School; in 2013 her role was reduced to part-time for French and she was assigned journalism and additional extracurricular duties.
- Strehlow questioned student course choices when Project Lead The Way (PLTW) was introduced and raised concerns that students were being steered away from foreign-language courses; she discussed this with Principal Phomvisay and was warned not to question students.
- In March 2014 Strehlow reported suspected asbestos in her classroom by email to school staff and later filed an anonymous report with the Iowa Division of Labor Services, which found asbestos and arranged remediation.
- In April 2014 Strehlow left an inappropriate note for a student; she was placed on administrative leave in May 2014, disciplined for policy violations, and removed from some extracurricular duties; a local paper reported her leave.
- In August 2014 Strehlow resigned from her teaching position. She later sued alleging constructive discharge in violation of public policy based on (1) advocating for foreign language curriculum and (2) reporting asbestos.
- The District moved for summary judgment; the court granted it, holding Strehlow failed to show constructive discharge or protected activity causally connected to any adverse action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Strehlow was constructively discharged | Strehlow contends working conditions after her complaints (discipline, investigation, leave, publicized leave) were so intolerable a reasonable person would be forced to quit | Defendants argue the actions were isolated, appropriate responses (investigation, short unpaid leave, discipline) and did not make conditions objectively intolerable | Court: No constructive discharge — conditions not sufficiently extraordinary or egregious |
| Whether advocating for foreign-language coursework is protected public-policy activity | Strehlow argues advocating that students receive sufficient foreign-language education advances a state education policy and is protected | Defendants say this is a generalized educational preference (humanities vs STEM), not a well-defined statutory/constitutional/public-policy protection | Court: Not a well-recognized, well-defined public policy; activity not protected |
| Whether reporting suspected asbestos was protected and causally linked to her resignation | Strehlow claims reporting asbestos was whistleblowing on a safety/public-health issue and that her standing suffered thereafter, leading to adverse actions and resignation | Defendants contend the administrative actions were tied to the student-note investigation and disciplinary issues, not the asbestos report; mere temporal proximity is insufficient | Court: Even assuming asbestos-reporting could be protected, Strehlow failed to show causation — no evidence the report was the determinative factor |
| Entitlement to summary judgment | Strehlow argues triable issues exist on constructive discharge and wrongful discharge in violation of public policy | Defendants seek judgment as a matter of law based on lack of constructive discharge, lack of protected activity, and lack of causation | Court: Grants summary judgment for Defendants — Strehlow failed to meet essential elements |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Anderson v. Liberty Lobby, 477 U.S. 242 (genuine issue of material fact standard)
- Balmer v. Hawkeye Steel, 604 N.W.2d 639 (constructive discharge dictum; actionable only when an express discharge would be actionable)
- Van Meter Indus. v. Mason City Human Rights Comm’n, 675 N.W.2d 503 (constructive discharge in statutory discrimination context)
- Teachout v. Forest City Cmty. Sch. Dist., 584 N.W.2d 296 (elements of wrongful discharge in violation of public policy)
- Jasper v. H. Nizam, 764 N.W.2d 751 (sources and narrowness of public-policy exception)
- Fitzgerald v. Salsbury Chem., Inc., 613 N.W.2d 275 (caution in expanding public-policy exception)