A former radiology director is suing her previous place of employment for an undetermined sum in excess of $75,000 on the grounds of gender discrimination and harassment, and unequal pay.
Jennifer McDowell, who served as director of radiology at Mercy Medical Center in Cedar Rapids for two years, filed a lawsuit in November against the hospital and two former colleagues, alleging that the institution allowed several male medical officials to “undermine, disrespect and demean” her because she was a woman, and then fired her when she complained about the behavior. She also claims to have been paid significantly less than her male predecessor,
according to The Gazette.
Mercy Medical refutes these claims. "Mercy has a long history of commitment to providing a respectful, inclusive and equal workplace, including providing fair compensation and benefits regardless of gender," hospital spokeswoman Karen Vander Sanden told HCB News in a statement. "Mercy has worked, and will continue to work, in a manner consistent with the highest standards of individual and organizational integrity while meeting all ethical and legal standards. We firmly deny these claims and believe they will be found meritless."
When interviewing for the position in October 2016, McDowell says in her suit that she was subjected to several questions based on her gender, including if she had children and if her husband would move with her should she be offered the job.
"I was introduced as a 'prettier replacement' to a group of physicians that I was intended to lead," McDowell, who now works as a director of imaging at Northern Arizona Healthcare, told HCB News. "I sat in on the meeting, and the director who was handing over responsibility to me told everyone in the room to try to keep their eyes above my breasts, and he was motioning with his hand and told them to concentrate on what I was saying... in front of me, in the room."
She claims that the hospital treated the behavior and performance of male physicians differently from their female counterparts, moving men who did not meet expectations to different positions.
She says that upon learning in May 2018 that her predecessor, a man, was paid approximately $30 more per hour that she was — an annual sum of $62,000 more — she consulted her supervisor, who told her the difference was due to the difference in their job titles. McDowell asserts she held greater responsibilities than her predecessor, including overseeing the construction of a new facility, coordinating two organization shifts and managing five departments to his four. She also maintains that the job description for both was the same and that they held the same level of seniority, reported The Gazette.
The allegations by McDowell were investigated by the Iowa Civil Rights Commission, which, according to Vander Sanden, reviewed and administratively closed the case without pursuing further action. It sent McDowell a "right-to-sue" letter, in which it explained that she could choose to pursue the case in district court if she wished. The undetermined sum sought by McDowell is connected to an alleged violation of the Iowa Civil Rights Act, according to The Gazette.
An anonymous complaint made against McDowell led the hospital to place her on unpaid administrative leave, and then fire her in August 2018. McDowell claims she was not warned about her conduct in any way, and had not faced any previous disciplinary or performance issues.
"I was considered a high performer in the organization," she told HCB News. "I was given a glowing review by my direct boss not even weeks before I was essentially terminated. The expectations are so wide and differ around what is acceptable between men and women in positions of power, that it makes the playing field so uneven for a woman to be successful in these positions ... I think the overarching message is that passive acceptance is acceptance, and even though there are risks in the accountability, we have to call out these discrepancies if we’re ever going to make discernible changes."
McDowell is seeking past and future wages and lost benefits, as well as damages for emotional distress, attorney’s fees and equitable relief, including but not limited to court-ordered gender bias training at Mercy Medical.
The suit was filed on Nov. 19 in Linn County District Court, and transferred on Jan. 7 to the U.S. District Court for the Northern District of Iowa. A motion has been filed to move it back to state court but has yet to be ruled on.
McDowell is represented by Leonard Bates and Beatrice Mate-Kodjo of Newkirk Zwagerman Law Firm, which is located in Des Moines, Iowa.