Legal Opinion

Vivian v. Madison

Supreme Court of Iowa

Decided October 13, 1999No. 98-849PublishedCited by 110 opinions

1Opinion of the Court

SNELL, Justice.

This case comes to us as a certified question of law from the United States District Court for the Southern District of Iowa. Specifically, we are asked:

Is a supervisory employee subject to individual liability for unfair employment practices under Iowa Code section 216.6(1) of the Iowa Civil Rights Act?

This question is certified to us pursuant to Iowa Code chapter 684A (1997). We conclude that the Iowa Civil Rights Act does authorize the subjecting of a supervisory employee to individual liability.

I. Background Facts and Proceedings

Plaintiff, Wendy Vivian, filed a multi-count…

2Cases cited30 opinions

  1. Carole Tomka v. The Seiler Corporation, Daniel Lucey, David Polonsky and Timothy ConroyCourt of Appeals for the Second Circuit · 1995
  2. Kungys v. United StatesSupreme Court of the United States · 1988
  3. Reno v. BairdCalifornia Supreme Court · 1998
  4. 71 Fair empl.prac.cas. (Bna) 801, 69 Empl. Prac. Dec. P 44,370 Judith S. Dici v. Commonwealth of Pennsylvania Pennsylvania State Police Bureau of Liquor Control Enforcement Frank H. Monaco Steven B. BrisonCourt of Appeals for the Third Circuit · 1996
  5. Janken v. GM Hughes ElectronicsCalifornia Court of Appeal · 1996

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3Cited by110 opinions

  1. Perodeau v. City of HartfordSupreme Court of Connecticut · 2002
  2. Deboom v. Raining Rose, Inc.Supreme Court of Iowa · 2009
  3. Tammy Powell v. Yellow Book Usa, Inc. Victoria KreutzCourt of Appeals for the Eighth Circuit · 2006
  4. Jennifer Paskert v. Brent BurnsCourt of Appeals for the Eighth Circuit · 2020
  5. Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017

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