Iowa case law summary by Attorney Richard Clem: IA employment discrimination.

Christopher J. Godfrey v. State of Iowa, Terry Branstad, Governor of the State of Iowa, in His Official Capacity, Brenna Findley, Legal Counsel to the Governor of the State of Iowa, in Her Official Capacity. IA employment discrimination

Upon his 2010 election, Governor Terry Branstad sent a form letter to 30 executive branch officers requesting their resignation. Most complied, but Workers Compensation Commissioner Christopher Godfrey, along with two others, declined the offer. The Governor then reduced his compensation, but within the range fixed by statute. Godfrey sued, alleging discrimination based upon his sexual orientation. The jury ruled in favor of the plaintiff, and the district court denied a motion for judgment nothwithstanding the verdict. The Governor appealed, and the case was heard by the Iowa Supreme Court.

Among other things, the Governor argued that there was no evidence that he knew the plaintiff was gay. The high court agreed that there was no evidence that the Governor had actual knowledge when he acted. The trial court had found that there was "[a]bundant evidence . . . presented to establish the Republican Party was 'anti-gay' in its policies and platform planks." But the high court rejected this conclusion as "illogical and fallacious."

The plaintiff also argued that his refusal to resign was protected activity, and that he was also discriminated against for this reason. But the high court held that the mere refusal to resign did not constitute protected activity.

The high court reversed the lower court's ruling and remanded the case.

No. 19-1954 (Iowa June 30, 2021).

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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