(Photo by Peter Dazeley/Getty Images)
A former top state administrator is suing the Iowa Department of Health and Human Services claiming disability discrimination.
Jessica Clark, who once served as the chief operating officer for the Department of Revenue, is suing DHHS in U.S. District Court for the Southern District of Iowa, alleging violations of the Iowa Civil Rights Act.
According to court records, Clark joined the Iowa Department of Administrative Services in 2008 as part of that agency’s central team, responsible for managing the state benefits, hiring system, human resources, and learning management. In 2011, she was promoted to COO within the Department of Revenue, overseeing human resources and various administrative services. In April 2019, the Judicial Branch promoted Clark to deputy director of human resources, and in 2021, DHHS hired her as its director of human resources.
By 2022, the lawsuit alleges, Clark was earning $132,828 per year — the maximum salary within her pay grade — and DHHS director Kelly Garcia and COO Jean Slaybaugh assured her they were developing a new position for her called “human resources and general business services administrator” that had a top salary of $167,898.
GET THE MORNING HEADLINES.
In the spring of 2023, Clark alleges, she experienced “significant personal and medical challenges,” triggering a bout of depression and the periodic use of time off under the Family and Medical Leave Act. She returned to work in a few weeks, but on a reduced schedule, and continued to rely on intermittent FMLA leave to handle medical appointments. At that point, her lawsuit alleges, she began to receive noticeably increased criticism from DHHS leadership.
On July 24, 2023, DHHS allegedly solicited applications for the newly created position of human resources and general business services administrator. Clark alleges she applied for the position, confident she would be given the job due to “repeated assurances from Garcia and Slaybaugh” that the role was created specifically for her.
On Aug. 25, 2023, Melissa Bird, a former public health worker with no human resources experience, was selected for the job. Deputy Director Sarah Reisetter allegedly told Clark her recent FMLA-related absences had affected her team’s cohesion — indicating, the lawsuit claims, that Clark’s use of FMLA leave had influenced the decision to deny her the promotion.
In November 2023, CDHHS allegedly denied Clark’s request for the temporary ability to telecommute and to reschedule noncritical meetings and deadlines, which would have provided her with the flexibility to take time off for medical appointments.
In March 2024, Bird and Deputy Division Administrator Cassie Tracey allegedly informed Clark that her “services were no longer required.” Clark was fired, the lawsuit alleges, “without documented cause despite her years of exemplary service, recent compliance with heightened demands, and ongoing medical needs.”
Her lawsuit seeks unspecified damages for alleged violations of the Family and Medical Leave Act and the Iowa Civil Rights Act’s prohibitions on disability discrimination and retaliation.
The Iowa Department of Health and Human Services has not yet filed a response to the lawsuit, which was originally filed in state court before being transferred last week to federal court. A department spokesperson said the agency does not comment on pending litigation.
YOU MAKE OUR WORK POSSIBLE.