Iowa State University settles with former custodian alleging retaliation, discrimination

The state Board of Regents has settled a lawsuit with a former Iowa State University custodian who said she wasn’t informed she could take leave for her migraines, retaliated against for time off she took to address them, and discriminated against because of her skin color.

Over the course of her employment, Dominique Jackman “was treated disrespectfully by other employees when they repeatedly made comments about minorities such as ‘Blacks not being around when they were growing up and now, they are everywhere,’” according to a July 2020 lawsuit former ISU employee Jackman filed against Iowa State and three of its employees.

“In late 2018, Jackman complained to her supervisor at the time … about these comments,” according to the lawsuit. “Jackman is not aware of any investigation that was done as a result of her complaint. Jackman stopped eating in the breakroom with these employees due to these comments.”

Jackman also accused Iowa State and her supervisors of failing to notify her of her family leave rights; failing to accommodate her disability; discriminating and retaliating against her for that disability; defaming her; and intentionally inflicting emotional distress.

“Defendants’ acts and omissions were outrageous and intentionally designed to discredit and humiliate Jackman, damage her reputation, and cause her severe mental anguish and emotional distress,” according to her lawsuit. “The conduct of defendants was willful, wanton, and malicious and was in conscious and reckless disregard of Jackman’s rights.”

Iowa State denied those accusations and allegations — asking a court to dismiss them for several reasons, including that Jackman changed her story and that any malfeasance by ISU employees was not “outrageous, intentional, or reckless, as a matter of law.”

“None of the conduct plaintiff alleges against any of the individually named defendants is sufficiently outrageous to support an (intentional infliction of emotional distress) claim,” according to the state’s motion to dismiss. “Her allegations that defendant ISU failed to provide FMLA paperwork, failed to accommodate her migraines, or failed to address racially-motivated comments by co-workers do not reach the level of outrageousness required to sustain an IIED claim in Iowa.”

The settlement both sides reached last week pays Jackman and her attorneys a total $50,000 — including $6,087 for lost earnings, $25,000 for non-wage damages like emotional distress, and $18,913 for attorney fees.

“Jackman acknowledges that these payments are in compromise of a dispute and that such payments are not to be construed as the State of Iowa or any of the released parties conceding the reasonableness of any attorney fees or costs, and are not to be construed as an admission of liability or wrongdoing on the part of the State of Iowa or any of the released parties,” according to the settlement.

Jackman, 38, whose employment with Iowa State ended April 5, 2019, also agreed as part of the deal not to seek future ISU employment.

The ISU settlement is among four personnel settlements the board has signed so far this budget year, which started July 1. A recent Board of Regents litigation and claims report for fiscal 2022 showed Iowa State as of June had seven pending lawsuits, 14 pending contract or tort claims, 13 pending faculty or staff grievances or discipline cases, and 136 pending workers’ compensation claims.

The University of Iowa as of June had 14 pending lawsuits, 20 pending internal discrimination complaints, and 603 workers’ compensation claims.

UI Health Care had 24 pending lawsuits, and University of Northern Iowa had two pending lawsuits and 65 pending workers’ comp claims.

Jackman, according to her lawsuit, started working at Iowa State as a full-time custodian in October 2017. While an ISU employee, she occasionally suffered debilitating migraines that had her bedridden and nauseated.

Although she reported telling a supervisor her work absences were due to migraines, Jackman said she didn’t always call in immediately “due to the debilitating effect of the migraine headaches,” according to her lawsuit.

Iowa State issued her warnings for missing work, but Jackman in her lawsuit said no one educated her on The Family and Medical Leave Act or that she had a “serious health condition” that could qualify her for benefits or leave eligibility.

In late 2018, Jackman said she complained to a supervisor about disrespectful behavior and racially motivated mistreatment that had gone on throughout her employment, but she’s not aware Iowa State investigated.

A short time later, in January 2019, Iowa State hired a new custodial supervisor — who had been Jackman’s supervisor at a previous job with Green Hills Retirement Community, according to the lawsuit.

Jackman accused the supervisor of creating a “hostile work environment” at the old job, prompting her to quit, according to the lawsuit. But the supervisor told Iowa State human resources Jackman had been terminated, prompting HR to inform Jackman she was “being investigated for falsifying her employment application for ISU,” according to the lawsuit.

When an Iowa State program coordinator on April 4, 2019, asked Jackson to sign a release for Green Hills, Jackman said she asked why and received no explanation, according to the lawsuit. Jackman refused to sign and was fired the next day.

She promptly applied for unemployment benefits, and Iowa State appealed her award — although the Employment Appeal Board ultimately upheld her benefits, according to the lawsuit.

In fighting the claims, Iowa State argued they should be dismissed because, among other reasons, Jackman changed her story, ISU and its agents are immune, and even if a court found the supervisor isn’t immune, she acted “in good faith.”

“ISU has an interest in employing candidates who are honest and trustworthy, and thus formally prohibits falsification of employment documents,” according to the state’s motion to dismiss, arguing the supervisor in question “had a good faith interest in raising concerns to human resources about potential violations of defendant ISU’s policies.”

Vanessa Miller covers higher education for The Gazette.

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