Todd Lawless, another Laborer in the Sidewalk Division of the Public Works Department, was also temporarily promoted to the position of Cement Finisher in 20 for three months and five months, respectively. Her five-month temporary promotion during 2001 ended in December 2001. *1016 She received this temporary promotion for three months in 2000 and for five months in 2001. ĭuring the two-year life of the certified list, Wilson was temporarily promoted to the position of Cement Finisher in the Public Works Department on two occasions.
The Cement Finisher position filled by O'Neill was in the Park and Recreation Department and was ultimately based on the recommendation of Donald Tripp, Director of the Park and Recreation Department. This employee, Bryan O'Neill, was appointed effective July 3, 2000. The Civil Service list expired June 26, 2002, two years after certification.ĭuring the two-year life of the Cement Finisher certified list, only one employee was selected from the list for permanent employment. This certification was based, in part, on the results of a qualifying test taken and passed by Wilson. On June 26, 2000, Wilson was certified by the Des Moines Civil Service Commission on a list of employees qualified for promotion to the job classification of Cement Finisher. Notwithstanding this transfer, she maintained working within the job classification of Laborer in the Sidewalk Division. Wilson transferred to the Sidewalk Division of the Public Works Department in August 1999.
In September 1998, she began working in the job classification of Laborer in the Street Maintenance Division of the Public Works Department of the City. Wilson began working for the City in 1995. Accordingly, the Court will provide a lengthy summary of the material facts. This matter presents a lengthy and detailed history, all of which must be considered to appreciate the totality of the circumstances underlying the claims. In addition, currently pending before the Court is Plaintiff's motion to strike portions of Defendant's statement of facts. Defendant seeks summary judgment on both counts and all claims asserted by Wilson in her complaint. On March 30, 2004, Defendant filed a motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. The lawsuit arises out of alleged acts of discrimination based on gender, harassment, and retaliation, including the termination of Plaintiff's employment. The Court has jurisdiction over Plaintiff's claims brought for violation of the Iowa Civil Rights Act ("ICRA") pursuant to the Court's pendant claim jurisdiction under 28 U.S.C. § 1331, the federal question statute, as this case arises in part under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. Jurisdiction is proper pursuant to 28 U.S.C. Wilson's complaint asserts two *1015 counts against Defendant.
Plaintiff, Mary Evelyn Wilson ("Wilson"), commenced this action against Defendant, City of Des Moines ("Des Moines" or "the City"), in this Court on March 28, 2003. The Court considers the motion fully submitted and ready for ruling. Townsend attorney for the Defendant is Steven C.
An oral hearing on the motions was not requested and the Court finds none is necessary. The motion to strike seeks to have portions of Defendant's summary judgment motion stricken. The summary judgment motion seeks dismissal of all counts alleged in Plaintiff's Complaint. 10) and Plaintiff's Motion to Strike (Clerk's No. This matter is before the Court on Defendant's Motion for Summary Judgment (Clerk's No. ORDER ON MOTION FOR SUMMARY JUDGMENT AND MOTION TO STRIKE City Attorney, Des Moines City Attorney, Des Moines, IA, for Defendant. Townsend, Fiedler & Townsend PLC, Johnston, IA, for Plaintiff.
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