Fired Iowa Senate Republican staffer awarded $2.2 million in sex harassment trial

Jurors on Tuesday awarded $2.2 million in damages to a former Iowa Senate Republican caucus staffer who accused her male supervisors of ignoring a "boys' club" culture at the Statehouse that fostered rampant sexual harassment. 

The afternoon verdict capped almost three years of litigation brought by Kirsten Anderson, a former communications director for Senate Republicans, who was fired in May 2013 just seven hours after handing in a memo detailing her concerns about a toxic work environment.

In handing down the verdict, jurors ruled that the Senate Republican caucus and the state violated Iowa laws preventing workplace harassment, discrimination and retaliation in dealing with the complaints Anderson brought forward. The award includes $1.4 million for Anderson's past emotional damages and another $795,000 for future harms. 

"The verdict sends a message to the Statehouse that this kind of behavior is not acceptable, that it's ongoing and it needs to stop and change," Anderson, 39, said in a meeting with reporters outside the Polk County Courthouse.

Though the events at issue in the lawsuit happened years ago, both Anderson and her attorney, Mike Carroll, said Tuesday that they aren't convinced the types of problematic behavior and harassment that she witnessed have been effectively curbed at the Statehouse. Anderson said Iowa Senate leaders from both parties should consider bringing in an independent investigator "to get to the bottom of things and to enforce and enact training that is meaningful and taken seriously."  

Over the last week, jurors heard testimony from Anderson and several current and former staffers who corroborated her claims of an environment rife with sexual jokes and comments. 

Anderson testified about behavior from former state Sen. Shawn Hamerlinck, R-DeWitt, that she found problematic, including comments he made about lobbyists' breasts and the skirt lengths of female pages. Russ Trimble, an analyst who works on policy issues for the staff, told jurors that he once heard Hamerlinck ask a staffer about the size of her areolas.

Much of the trial focused on the behavior of Jim Friedrich, an analyst who still works on the Republican caucus staff on government oversight issues. In her first day of testimony, Anderson said that Friedrich often teased women in the office about their sex lives and called his coworkers "prudes" if they didn't respond to his taunts.

Anderson recalled one incident when Friedrich showed her a nude picture of Kim Kardashian on his work computer. Amid his divorce in 2010, it wasn't uncommon for Friedrich to use the "C-word" when talking about women and his use of racial slurs intensified, she said. 

Geoff Greenwood, a spokesman for the Iowa Attorney General's Office, said state attorneys who defended the case will review the issues and "consider the options." Any money paid out to Anderson or her attorneys will come out of the state's general fund. 

Iowa Republican leaders offered mixed reactions to the verdict. Hours before it was announced, Gov. Kim Reynolds addressed the case at her Tuesday press conference when prompted by reporters. Reynolds, a Republican who served in the Senate in 2009 and 2010, said she was not aware of any sexual misconduct during her years there.

Reynolds emphasized that her administration has policies against sexual harassment in the executive branch. But the governor said she has "no control" over how the legislative branch trains lawmakers and other employees on sexual harassment or enforces its policies. 

"They're going to have to make the decisions on what they have to do from a legislative perspective," Reynolds said. "I don't control them." 

A spokesperson for Reynolds issued a one-sentence statement following the verdict's announcement calling workplace harassment "unacceptable."

Anderson said that she hopes the governor will use her office to shine a light on the issue and ask tough questions of legislators about the culture at the Statehouse.  

"Maybe she never did experience what I experienced, but she's in a position to make some inquiries and call upon some people and I hope she uses her office to do that and get to the bottom of things to appropriately enact some change," she said. 

Senate Majority Leader Bill Dix, R-Shell Rock, issued a statement reiterating what Senate Republican leaders have long maintained: That Anderson was fired because of concerns about the quality of her writing and other work issues.

Dix said the environment in the caucus office was "lacking in professionalism and appropriate behavior" before he was elected as the caucus leader in 2012, but said he has made sure that allegations of harassment and other inappropriate behavior are immediately investigated and addressed.  

"I am disappointed in the verdict announced this afternoon," the statement said. "Kirsten Anderson was terminated only for her poor work product and absolutely no other reason. ... The Senate Republican caucus is now a safe environment and there is no tolerance for any and all types of harassment.”  

Attorneys for the state argued at trial that current staff director Eric Johansen fired Anderson because work problems that had been noticed and discussed by him, Dix and another top aide, Ed Failor Jr. But the trio of attorneys representing Anderson steadily built their case around the contention that Dix, Johansen and leaders before them failed to investigate complaints she made, despite their promises to clean up problems.

Anderson told jurors that she first complained to then-staff director Peter Matthes about Friedrich's behavior in 2010 as the policy analyst was going through his divorce and making vulgar, angry comments. According to Anderson, Matthes told her that he would do something to stop the behavior, but Friedrich cut back on his comments only for a short time. 

Anderson testified that she lodged a complaint again in November 2012 with another former staff director, John Hodges, after she overheard Friedrich gossiping about a sitting female senator's college sex life. But in their own testimony, both Hodges and Matthes told jurors that they didn't remember those conversations with Anderson. 

Hodges now chairs the Iowa Board of Parole, while Matthes works as a senior adviser to University of Iowa President Bruce Harreld.

In his closing argument, Carroll suggested that the two former staff directors were not being truthful in their testimony, telling jurors "bosses don't forget that kind of thing." 

Asked about the two former directors' testimony after the verdict, Anderson said their lack of memory suggests the men never took her complaints seriously. 

"It was a bit disappointing," she said. "I can't speak to what their memories are, but it's pretty clear what my memories are and I made multiple complaints."

Anderson's complaints about the lack of investigation into the harassment were supported by Tom Ashworth, another policy analyst who still works in the office. Ashworth told jurors that none of his bosses, nor any current Senate leaders, have ever asked him questions about the inappropriate behavior he witnessed.

During his testimony, Ashworth said he regretted not coming forward with his own concerns years earlier, but he feared facing the kind of retaliation that Anderson alleged. Ashworth described much of the same behavior that Anderson witnessed from Friedrich, such as instances when he would call co-workers over to his window to point out attractive women walking by the office.  

"To be perfectly honest with you the main reason was that I was afraid," Ashworth told jurors about his decision not to come forward. 

Carroll said he intends to file a motion asking for the state to pay attorneys' fees in the case as well, which he estimated are upward of $300,000. 

State Sen. Rob Hogg, D-Cedar Rapids, issued a statement Tuesday saying that the $2.2 million verdict could have been avoided if both GOP senators and staffers had followed guidelines that were in place during Anderson's tenure. 

"I call on all senators to work together to improve the culture of the Iowa Senate to make sure the Senate is a safe and welcoming environment for all employees, to protect Iowa taxpayers and to ensure the rights of those who raise concerns about harassment," Hogg said.