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Whitney v. Franklin General Hospital

United States District Court, N.D. Iowa, Central Division

February 3, 2014

NICOLE WHITNEY, Plaintiff,
v.
FRANKLIN GENERAL HOSPITAL; FRANKLIN COUNTY, IOWA; MERCY HEALTH SERVICES--IOWA CORP.; MERCY HEALTH NETWORK, INC.; and KIM PRICE, Defendants

Page 918

[Copyrighted Material Omitted]

Page 919

For Nicole Whitney, Plaintiff: Brooke Catherine Timmer, Emily Elizabeth McCarty, LEAD ATTORNEYS, Paige Ellen Fiedler, Fiedler & Timmer, P.L.L.C., Urbandale, IA.

For Franklin General Hospital, Defendant: Dennis David DeWald, LEAD ATTORNEY, Matthew Mark Enenbach, Kutak Rock, LLP, Omaha, NE; Robert M Slovek, PRO HAC VICE, Kutak Rock LLP, Omaha, NE.

For Franklin Co, Iowa, Defendant: Randall H Stefani, LEAD ATTORNEY, Lindsay Ann Vaught, Ahlers & Cooney, P.C., Des Moines, IA.

For Mercy Health Services - Iowa, Corp, Mercy Health Network Inc, Defendants: Dennis David DeWald, LEAD ATTORNEY, Matthew Mark Enenbach, LEAD ATTORNEY, PRO HAC VICE, Robert M Slovek, PRO HAC VICE, Kutak Rock, LLP, Omaha, NE.

OPINION

Page 920

MEMORANDUM OPINION AND ORDER REGARDING HOSPITAL DEFENDANTS' MOTION TO DISMISS

MARK W. BENNETT, U.S. DISTRICT COURT JUDGE.

TABLE OF CONTENTS

I. INTRODUCTION

A. Factual Background

1. The pertinent record

2. Whitney's allegations

a. The parties

b. The alleged misconduct

c. Whitney's administrative complaints and the aftermath

B. Procedural Background

1. Whitney's Amended Complaint

2. The defendants' responses

3. Voluntary dismissals and remaining claims

II. LEGAL ANALYSIS

A. Standards For Dismissal For Failure To State A Claim

B. The Hospital Defendants' Motion To Dismiss

1. Failure to exhaust administrative remedies on ICRA, Title VII, and ADA claims

a. Arguments of the parties

b. Analysis

i. The exhaustion requirement as to related defendants

ii. Exhaustion as to the Mercy Defendants

iii. Dismissal on the basis of an affirmative defense

c. Summary

2. The FMLA claim

a. Arguments of the parties

b. Analysis

i. Types of FMLA claims

ii. Whitney's " interference/entitlement" claim

iii. Whitney's " retaliation" claim

iv. Whitney's " discrimination" claim

c. Summary

III. CONCLUSION

A medical records clerk and receptionist alleges that the medical director of the county hospital and medical center for which she worked subjected her to sexual harassment, sexual assault, sexual abuse, and sexual exploitation during her employment. She alleges that when she eventually complained about this misconduct and sought a leave of absence to deal with resulting depression and post-traumatic stress disorder, the hospital and its managers subjected her to disciplinary action and ultimately fired her. She has asserted claims pursuant to the Iowa Civil Rights Act (ICRA), Iowa Code Ch. 216; Title VII of the federal Civil Rights Act of 1964, 42 U.S.C. § § 2000e-2000e-17; the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. ; the Family and Medical Leave Act ...


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