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Warne v. Chaco11/23/2005
Nita Warne appeals the district court decision denying her sexual harassment claims against her former employer. AFFIRMED.
Considered by Zimmer, P.J., and Miller and Vaitheswaran, JJ.
I. Background Facts & Proceedings
Nita Warne was previously employed as a sandwich artist by Chaco, Inc., a Subway/TCBY store in Atlantic, Iowa. The managers and sole shareholders were Robert and Kristin Thornton. Other than Warne and the Thorntons, the employees of Chaco were primarily teen-agers who worked part-time, and who engaged in jokes and hi-jinks at work. Chaco had a sexual harassment policy which each employee was required to sign. Warne quit her employment with Chaco on Wednesday, November 15, 2000.
On November 29, 2000, Warne filed a complaint with the Iowa Civil Rights Commission alleging that she had been subjected to sexual harassment at Chaco. She was granted a right-to-sue letter on June 25, 2001. Warne then filed an action in federal court, but this was dismissed for lack of federal subject matter jurisdiction.
Warne filed a petition in Iowa district court on February 6, 2003. On March 20, 2003, she filed a new complaint with the Iowa Civil Rights Commission alleging several counts of retaliation. The Commission found the retaliation charges were not timely. Warne also filed a motion for leave to amend her district court petition to include the retaliation charges. The district court found the administrative law judge's order was res judicata, and concluded Warne was barred from bringing her retaliation claims.
The case proceeded to a trial to the court on the sexual harassment claims. Warne testified to several incidents of sexual harassment. She testified that in 1998, a patron brought in a nude business calendar, which she happened to see. Robert testified Warne asked the patron if she could have one the calendars for her husband. Also, Warne stated Kristin showed her a calendar depicting partially nude motorcycle women, which she intended to give to her son. Kristin testified this calendar was kept in a box in the Thorntons' private office and was never publicly displayed.
Warne stated she overheard Robert tell her daughter Lisa that her chest was not developed. Lisa testified that she had a medical condition where her chest muscles were not developed, and that she discussed this with some friends at Chaco. She affirmed that Robert stated he could have told her that without her having to go to the doctor. However, Lisa denied that Warne was present during this discussion.
Warne stated that she found two sexually explicit drawings, which were left on a desk where she sometimes worked. She asserted that in August 2000, when she came into work she found meatballs arranged in the shape of a penis. No other employees saw the drawings or meatball penis. Warne testified that she complained about these incidents, but was told by the Thorntons to "lighten up." The Thorntons denied any knowledge of these incidents.
On November 13, 2000, Warne came to work and found doughnut holes which had been arranged in the shape of a penis, and which had icing or mayonnaise on it to represent semen. The article was wrapped in plastic wrap. A note was attached which stated, "Nita--Here's breakfast from your two favorite employees, Chad and Chad." Chad Thornton and Chad Hass were two employees at Chaco.
Kristin testified that she saw Chad and Chad working on the doughnut hole penis on the evening of November 11, 2000. She threw it away and told them they had better things to do. After Warne complained about the incident, Kristin gave the two employees written warnings that their behavior was not a
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