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.

Back to HCB News

U.S. Healthcare Homepage