Iowa Democrats' bill would make bad actors pay for sexual harassment, not taxpayers

Iowa Democratic lawmakers are proposing a bill aimed at requiring perpetrators of sexual harassment, not taxpayers, to pay for damages stemming from lawsuits involving bad behavior by state employees.

Senate File 2107 was introduced Wednesday by all 20 Iowa Senate Democrats and independent Sen. David Johnson of Ocheyedan. It is intended to avoid future situations such as one that occurred last year when state officials agreed to pay $1.75 million to settle a sexual harassment lawsuit filed by Kirsten Anderson, former communications director for the Iowa Senate Republican Caucus.

The settlement money came from the state's general fund because there is currently no recourse to recoup that money from offending state employees. The legislation would would allow the plaintiff to receive an award from the state, but it would require the Iowa attorney general to recover the amount of the award from offending state employees.

The bill would apply to state employment cases, which includes hostile work environment cases involving sexual harassment, race, religion, age or disability.

"Iowans are disgusted by the harassment, discrimination and retaliation against Kirsten Anderson and other legislative staff by some Republican Senators and staff members,” said Sen. Tod Bowman, D-Maquoketa, who briefed reporters on the bill Wednesday.

"Most Iowans can’t believe they’re on the hook for $1.75 million because of the misconduct and mismanagement of some Republican Senators. Especially in a tight budget year, this money should be put towards our kids’ education, job training programs or mental health care. Taxpayers expect more from their leaders.”

The bill would not be retroactive to Anderson's lawsuit, and Bowman said it is part of a "national conversation" about preventing sexual harassment in the workplace.

Senate President Jack Whitver, R-Ankeny, said he hadn't read the proposal yet, although he is aware that people have suggested such legislation and he is willing to discuss it.

But Whitver, an attorney who graduated from Drake Law School, also said he thinks that ultimately any attorney for a plaintiff will go after the "deepest pockets" among potential defendants, which means they will always go after the state of Iowa. But that doesn't change his willingness to take a look at the proposed policy as lawmakers go through a review process, he added.

Iowa Attorney General Tom Miller, a Democrat, hasn't had an opportunity to review the bill yet and had no immediate comment, an aide said.

In the Iowa House, Rep. Dave Jacoby, D-Coralville, has introduced a separate, but related bill, House File 2044. His proposal says a state employee would be personally liable if sued for sexual harassment in the workplace. The state would not defend the state employee and the state employee would be liable for the plaintiff's attorney fees and damages.

Republicans who control the Iowa House took the unusual step of assigning Jacoby's bill to a subcommittee in which all three members are Republican lawmakers, which means it's almost certainly dead for this session.

Reporter Brianne Pfannenstiel contributed to this story.