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Appeal of former city hall employee in age discrimination case denied

City Hall in Mason City
City Hall in Mason City
DES MOINES – A former city hall employee in Mason City who lost her job and later sued on the grounds of age discrimination – and lost – had her appeal in that case denied today by the Iowa Court of Appeals.

Ann Butcher appealed from the district court’s denial of a motion for new trial after a jury returned a verdict in favor of the city of Mason City (the City) in her age-discrimination trial. She asserted the court erred in: (1) admitting testimony as to her job performance; (2) approving or rejecting various jury instructions; (3) denying Butcher’s motion to set aside the verdict; and (4) finding the verdict administered substantial justice. She supports the last two arguments by asserting the greater weight of the evidence indicated age was a motivating factor in the City’s adverse employment action.

The appeals court decided that, taken as a whole, the jury instructions adequately set forth the elements required for Butcher to prove age discrimination. Additionally, any possible prejudice resulting from the City’s witness as to Butcher’s job performance did not substantially outweigh its relevance, particularly given Butcher put her performance as an employee at issue. Finally, the court concluded the district court properly found the greater weight of the evidence did not indicate age was a motivating factor in the City’s adverse employment decision, and consequently, the court properly denied Butcher’s motion for new trial. The appeals court therefore affirmed the decision of the district court.

Butcher was employed with the police department for the city of Mason City beginning in 1970, when she was hired to be the police chief’s secretary. Shortly thereafter, she began to work as a dispatcher and data processer, and then in 1983 served as a payroll account clerk for the finance department. In February 2006, she voluntarily transferred to the human resources department, where she was responsible for handling correspondence with applicants, administering civil service tests and the accompanying secretarial work, conducting new employee orientations, handling workers’ compensation issues, maintaining confidential files, and providing pertinent information to visitors and other employees. Throughout Butcher’s thirty-six years of employment, she was never subject to any disciplinary actions or reprimands.

In October of 2007, Butcher, then fifty-eight years old, applied for an administrative assistant position within the police department. Along with ten other candidates, Butcher was interviewed by Police Chief Michael Lashbrook, Captain Dennis Bengston, Captain Michael McKelvey, and Tom Meyer, the human resources manager. Butcher was not offered the position. Debra Riedle, a forty-year-old female, was hired instead, but was involuntarily discharged in June 2008. The vacancy prompted another job posting, and Butcher again applied for the position on June 16, 2008. After being interviewed by five members of the Mason City police department, her application was denied without explanation. Melinda Severs, a thirty-five-year-old female, was hired instead.

In his testimony, Chief Lashbrook indicated that forms were employed to evaluate the candidates, who were given scores by each panel member on various qualities; however, Chief Lashbrook was ultimately responsible for the hiring decision. According to Butcher, when she asked Chief Lashbrook why she was not hired, he responded that Severs presented herself with “more confidence” and that he “saw better potential in her.” Butcher’s position with the police department was voluntarily terminated on December 31, 2010, though she testified that she involuntarily retired as a result of intolerable working conditions.

On July 30, 2009, Butcher filed a petition naming the city of Mason City as defendant, and alleging she was discriminated against based on her age in the 2008 hiring decision. A jury trial was held, and the jury returned a verdict in favor of the City. Butcher then moved for a new trial, which the district court denied.

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