Vicki L. McCrea v. City of Dubuque
16-0183
| Iowa Ct. App. | Mar 8, 2017Background:
- Vicki McCrea was a long‑time city secretary for the City of Dubuque and was terminated in June 2014 after years of documented performance issues and interpersonal conflict with supervisor Robert Green.
- McCrea took FMLA leave in 2012 and again in spring 2014 for anxiety; she requested a transfer in January 2013 as an accommodation and submitted physician letters stating work environment worsened her anxiety but that she could perform essential job functions.
- McCrea filed ICRC complaints in September 2013 and January 2014 alleging sex discrimination, disability discrimination (anxiety), denial of accommodation, and retaliation; she later sued the City for retaliation (ICRA), FMLA retaliation, and failure to accommodate.
- The City disciplined McCrea for tardiness, personal internet/cell phone use, and other performance issues (memos, a one‑day suspension in Dec. 2013); managers documented incidents dating back years and had earlier sought permission to fire her in Jan. 2013.
- After a May 6, 2014 workplace altercation where McCrea made alarming comments to Green, the City terminated her on June 5, 2014, citing insubordination, hostile work environment, and threatening statements.
Issues:
| Issue | McCrea's Argument | City of Dubuque's Argument | Held |
|---|---|---|---|
| ICRA retaliation for filing ICRC complaints | Filing ICRC complaints led to escalating discipline and ultimate termination | Termination was for longstanding performance, insubordination, and threatening behavior, not retaliation | Judgment for City — McCrea failed to prove causal connection between filings and termination |
| FMLA retaliation | Use of FMLA leave in 2014 precipitated adverse action (termination) | Termination based on nondiscriminatory reasons unrelated to FMLA; temporal gap insufficient | Judgment for City — temporal proximity alone (≈2 months) was insufficient to show causation |
| Failure to accommodate (ICRA/ADA‑style claim) | Denial of requested transfer was refusal to accommodate anxiety disability | Transfer denied because doctor reported no functional limitations; employer not required to create positions | Judgment for City — McCrea failed to prove she had a qualifying disability; prima facie case not met |
| Evidentiary/credibility challenges | City’s witnesses not credible; underlying discrimination need not be proven for retaliation | City offered legitimate, nondiscriminatory reasons and documentation of prior issues | Court credited City’s evidence that performance issues predated protected activity; plaintiff didn’t show pretext |
Key Cases Cited
- Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa 1990) (standard of appellate review for bench trials)
- Hicks v. St. Mary’s Honor Ctr., 90 F.3d 285 (8th Cir. 1996) (plaintiff need only have a good‑faith, reasonable belief that discrimination occurred to bring retaliation claim)
- Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248 (U.S. 1981) (burden‑shifting framework for discrimination/retaliation claims)
- Smidt v. Porter, 695 N.W.2d 9 (Iowa 2005) (application of Burdine framework under Iowa law)
- Wallace v. Sparks Health Sys., 415 F.3d 853 (8th Cir. 2005) (temporal gap weakens causation inference)
- Sisk v. Picture People, Inc., 669 F.3d 896 (8th Cir. 2012) (more than two months’ gap between FMLA leave and termination insufficient without more)
- McGuinness v. Univ. of N.M. Sch. of Med., 170 F.3d 974 (10th Cir. 1998) (analysis and factors for whether anxiety constitutes a disability under ADA)
- Clark Cty. Sch. Dist. v. Breeden, 532 U.S. 268 (U.S. 2001) (short temporal proximity generally required to infer retaliation)