Two former ACT employees sue company

Two former employees of Iowa City-based ACT Inc. who say they were wrongfully fired in October 2011 are suing the assessment and research organization and a supervisor there, alleging wrongful employment practices under the Iowa Civil Rights Act.

Deanna Webber, of Johnson County, filed her lawsuit against ACT and supervisor Rachel Schoenig on Aug. 28 in Johnson County District Court. Angela Pestle, of Muscatine County, filed her lawsuit against ACT and Schoenig on Friday.

Both women say they lost income, retirement benefits, health insurance, social security and suffered emotional distress, humiliation and embarrassment. They're asking for a jury trial in their cases.

ACT spokesman Ed Colby said on Monday that he can't comment in detail on the pending litigation, but he did say that Schoenig "is a current employee at ACT in good standing."

"We feel the cases are without merit," he said, "and we will vigourously defend them."

Colby also confirmed that Webber and Pestle are former employees.

Webber, according to her lawsuit, began working at ACT in Iowa City in February 1994 and received “all positive reviews” for 17 years. In August 2008, Webber says she was working in the test security department when Schoenig became her supervisor.

In the months that followed, according to the lawsuit, Schoenig began singling out Webber with public criticisms and other “hostile behaviors” in the workplace like ignoring her and turning her back to Webber during meetings.

Webber says Schoenig made derogatory and demeaning comments to her and other employees, telling Webber, for example, to “drink the Kool-Aid,” according to the lawsuit. When Webber complained to Schoenig about the alleged harassment, Schoenig is accused of telling her to “get a massage,” the lawsuit states.

In August 2010, Webber says Schoenig delivered the first negative review of her ACT career. Webber went to human resources with a written complaint about Schoenig and, according to the lawsuit, the harassment increased once Schoenig learned of the complaint.

Webber says she was reprimanded for talking with a colleague in the hallway, threatened with discipline if she had any conversations that weren't work related and harassed about her timesheets, according to the lawsuit.

Webber says she returned to human resources about the alleged harassment, but no one took action. In August 2011, Webber notified ACT that she was filing a workers' compensation claim for the mental injury she had suffered as a result of the harassment, according to the lawsuit.

On Oct. 20, 2011, ACT fired her, the lawsuit states.

“The discharge was the result of (Webber) participating in the protected activity of making a workers' compensation claim, and was not otherwise justified,” according to the lawsuit.

Pestle, according to her lawsuit, began working for ACT in November 2008 and was positioned in August 2009 under Schoenig. She accuses Schoenig in the lawsuit of publicly ridiculing, harassing and bullying her, the lawsuit states.

In one instance, according to the lawsuit, Schoenig is accused of calling Pestle into her office at 4 p.m. and keeping her for four hours, “ridiculing and belittling her, without allowing her to contact family or daycare to notify them of her whereabouts.”

Pestle says in the lawsuit that the harassment escalated, with Schoenig in one meeting berating her in front of the department. Pestle says she requested a transfer to a different department, but Schoenig continued to harass her, according to the lawsuit.

Pestle says she met with human resources staff about her concerns but no one took action, according to the lawsuit. She notified ACT in August 2011 that she was filing a workers' compensation claim for the mental injury and had to take a leave of absence because of the harassment.

Pestle was fired on Oct. 20, 2011, according to the lawsuit.

Both women, in their lawsuits, are alleging harassment and retaliation, intentional infliction of emotional distress, wrongful discharge in violation of public policy and state disability discrimination.