Full opinion text
ORDER REGARDING MOTION FOR SUMMARY JUDGMENT BENNETT, District Judge. TABLE OF CONTENTS I. INTRODUCTION AND BACKGROUND...................................1150 II. FINDINGS OF FACT...................................................1151 A. Uncontested Facts ..................................................1151 B. Contested Facts.....................................................1154 III. CONCLUSIONS OF LAW................................................1154 A. Standard for Summary Judgment....................................1154 B. Implied Covenant of Good Faith and Fair Dealing...................1156 C. Invasion of Privacy Claim..........................................1156 D. ERISA Claim.......................................................1159 E. Infliction of Emotional Distress .....................................1160 1. Elements Of The Tort...........................................1161 2. Preemption By The Iowa Civil Rights Act.......................1161 3. Outrageous Conduct Requirement................................1163 4. Evidence of Emotional Distress..................................1165 F. Wrongful Discharge in Violation of Public Policy....................1166 1. General Rule and History of Doctrine............................1167 2. Preemption by Iowa Civil Rights Act............................1169 G. Defamation and False Light Claims.................................1169 H. Sex and Age Discrimination Claims.................................1171 1. Burdens of Proof Under the ADEA...............................1171 2. Prima Facie Case...............................................1172 3. Pretext for Discrimination.......................................1173 4. Sex Discrimination Claims.......................................1175 I. Retaliation Claims..................................................1175 1. Prima Facie Case...............................................1175 2. Pretext for Retaliation ..........................................1176 TV. CONCLUSION............................................................1177 This lawsuit arises out of the termination of a television station marketing executive. Plaintiffs complaint alleges he was discharged in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Employment Retirement Income Security Act of 1974 (“ERISA”), 28 U.S.C. § 1001 et seq. and state law claims of discharge in violation of Iowa public policy, violation of privacy, defamation, breach of covenant of good faith and fair dealing, sex and age discrimination, and infliction of emotional distress. Defendants have moved for summary judgment on all counts. I. INTRODUCTION AND BACKGROUND This matter comes before the court pursuant to Defendants’ Motion for Summary Judgment filed on September 30, 1994. Defendants have moved for summary judgment pursuant to Federal Rule of Civil Procedure 56(b) on each of Plaintiff Paul J. O’Bryan’s claims. O’Bryan filed his resistance to Defendants’ motion on November 2, 1994. O’Bryan filed his complaint in this action on October 5, 1993, following his termination on August 2, 1993, as a marketing executive for Defendant KTIV Television. O’Bryan subsequently filed his first amended complaint on June 22, 1994. O’Bryan’s first amended complaint alleges eleven causes of action. O’Bryan alleges in his first cause of action that he was discharged because of his age in violation of the ADEA. In his second cause of action, O’Bryan alleges that he was fired in retaliation for his filing a complaint of age discrimination. In the third cause of action, O’Bryan asserts that he was fired in violation of ERISA in order that KTIV would not have to pay him certain employment benefits. The fourth cause of action asserts that O’Bryan was terminated in retaliation for his filing of discrimination charges in violation of Iowa Code Chapter 216. In causes of action five through nine, O’Bryan asserts pendent Iowa state common law claims for violation of privacy, breach of an implied covenant of good faith and fair dealing, infliction of emotional distress, defamation, and discharge in violation of Iowa public policy. Finally, in his eleventh cause of action, O’Bryan asserts that he was discharged on the basis of his gender in violation of Title VII. Defendants answered the first, amended complaint on June 4, 1994, and asserted sixteen affirmative defenses. Plaintiff asserts jurisdiction pursuant to 29 U.S.C. § 626 and 29 U.S.C. § 1132. II. FINDINGS OF FACT A. Uncontested Facts For the purposes of this summary judgement motion only, the court finds the following facts: 1. Plaintiff Paul J. O’Bryan is a male individual who resides in Sioux City, Iowa. 2. Defendants KTIV Television, Quincy Newspapers and Jersey Herald, Inc., (collectively “KTIV”) are companies and corporations conducting business in Sioux City, Iowa, as an NBC television station affiliate. 3. On October 1,1985, O’Bryan was hired by KTIV to be its General Sales Manager. 4. At the time O’Bryan became KTIV’s General Sales Manager, Kim Cleaver was its Local Sales Manager. 5. O’Bryan had previously been employed at KCAU as an account executive. He eventually became KCAU’s General Sales Manager before taking the position with KTIV. 6. In the fall of 1989, KTIV was purchased by Quincy Newspapers, Inc. 7. In November of 1989, William F. Turner became Vice President and General Manager for KTIV. Prior to that time he had worked at KCAU-TV in Sioux City, Iowa. While at KCAU, Turner had worked with O’Bryan. At some unidentified point after Turner became KTIV’s General Manager, he mentioned to O’Bryan that Quincy had paid $21,000,000 for KTIV. Turner further expressed his opinion that he thought Quincy had paid too much for the station, and that as a result costs would have to be cut and revenues increased. 8. Late in 1991, O’Bryan’s title and duties were changed and he was given the title of KTIV’s National Sales Manager. KTIV, at that time, no longer had a general sales manager. 9. In the fall of 1992, Turner approached Cleaver about conducting a review of KTIV’s sales department, and making recommendations for its improvement. Prior to that time Cleaver had been critical of O’Bryan’s performance as KTIV’s General Sales Manager. 10. Cleaver recommended that she be made KTIV’s General Sales Manager and that Adrian Wisner be promoted to KTIV’s Local Sales Manager. She further recommended that O’Bryan be given the position of KTIV’s Local and Regional Sales Account Executive. 11. On November 9, 1992, O’Bryan was demoted to the position of KTIV’s Local Regional Sales Account Executive. 12. An account executive is responsible for both servicing KTIV’s existing clients and recruiting new clientele. 13. At the same time Kim Cleaver was promoted to KTIVs General Sales Manager and assumed the duties formerly performed by O’Bryan as National Sales Manager, Adrian Wisner was promoted to KTIVs Local Sales Manager. Both Cleaver and Wisner are females. Cleaver was 33 years old at the time of her promotion to General Sales Manager. 14. As a result of his demotion to an account executive, O’Bryan was given a desk and credenza in the “bull pen” with the other account executives. The bull pen is an office area with ten to fifteen cubicles in the center. 15. In November of 1992, an unknown person or persons went through O’Bryan’s desk and credenza and removed from them certain KTIV sales information. Neither the desk nor the credenza were locked and the only items removed were property belonging to KTIV. 16. O’Bryan was aware that KTIV employees were permitted to enter his office in his absence to retrieve work related documents. 17. When O’Bryan learned of the search of his desk and credenza he confronted Wisner about it. Wisner, Cleaver and Turner denied any knowledge about the search. It is unknown who conducted the search of O’Bryan’s desk. 18. On May 7, 1993, as a result of his demotion, O’Bryan filed charges of discrimination against Defendants with the Sioux City Human Rights Commission, and the Iowa Civil Rights Commission. Those charges were cross-filed with the Equal Employment Opportunity Commission (“EEOC”). O’Bryan subsequently received “right to sue” letters from both the Iowa Civil Rights Commission and the EEOC. 19. At some point early in 1993, Wisner developed and implemented a set of account executive performance guidelines. 20. KTIVs account executive performance guidelines had the following eight points: 1. Make monthly budgets. 2. Produce a percentage of Direct Business from 20% to 25%. 3. Bill an average of $4,000 a month in New direct business. This is to be business that you go out and develop. 4. Make at least 6 New Calls per weeks. (Face to Face Client Contacts). 5. Generate $325 per month in cash production billings. 6. Meet or exceed average proposal performance. Average is creating 4 tailor made proposals per week for clients and copying your Supervisor, Adrian Wisner. Proposals beyond this amount will be considered as exceeding this goal. 7. Demonstrate initiative taken on your own accounts and new projects. 8. Prioritize your social interactions. a. Lunches, you are expected to attend a minimum of 75% of the Sales Lunches scheduled. b. You are expected to attend and participate in 25% of the after hour business functions as identified by the Social Chairman. 21. On June 1, 1993, Wisner met with O’Bryan to discuss his performance under the performance review system implemented at KTIV by Wisner. Each of the eight parts of the performance review were discussed with O’Bryan. O’Bryan was specifically informed, among other things, that he had to increase his percentage of direct business from twelve percent to twenty-five percent, generate $325 per month in cash production billings, and average $4,000 a month in “new direct business.” O’Bryan was informed that the twenty-five percent direct business guideline was below the station’s average of thirty-five percent and that his twelve percent figure was a station low. Wisner further informed O’Bryan that two other account executives were below the station average and that she would also be meeting with those individuals. 22. At the June 1,1993, meeting, O’Bryan was placed on a 60 day probation and told that he was required to meet the guidelines or face termination. Wisner told O’Bryan that she wanted to meet with him every two weeks to review his progress. 23. On June 9,1993, O’Bryan sent Wisner a letter in which he made comments about the performance guidelines and indicated his willingness to meet the guidelines. 24. On June 21, 1993, Wisner, O’Bryan and Cleaver met again to discuss O’Bryan’s sales performance. Wisner informed O’Bryan that his monthly direct billing sat at seven percent, and that this level of business was not acceptable. Wisner also questioned O’Bryan regarding whether he was meeting the performance guidelines’ requirement that account executives create four tailor made proposals per week for clients. Wisner further questioned O’Bryan as to his progress in following up on leads she had supplied him concerning prospective advertising customers. O’Bryan had not contacted a number of these leads. 25. On July 8,1993, Wisner, O’Bryan and Turner met to discuss O’Bryan’s sales progress. At that meeting O’Bryan’s new business production was discussed. Wisner pointed out that the goal was $4,000 but that O’Bryan had only generated $3,372 for the month of June. . Of that amount, $1,800 was from the Our Hometown account, which was not to count against the new direct business production requirement. Absent the Our Hometown business, O’Bryan had only generated $1,572 in new direct business for June. Wisner further discussed with O’Bryan his percentage of direct business. It was pointed out that his numbers were “not up to speed yet.” O’Bryan’s percentage of direct business stood at seven percent for May, 1993, and fifteen percent for June, 1993. Both of these numbers were below the performance guideline requirement of twenty-five percent. The three further discussed what O’Bryan was doing to create four custom made proposals per week as required by the guidelines. It was specifically pointed out to O’Bryan that the other account executives were producing four custom made packages a week. 26. On July 21, 1993, O’Bryan again met with Wisner and Turner to discuss his progress. O’Bryan’s direct new business stood at sixteen percent at the time of the meeting. O’Bryan also discussed with Turner and Wisner his new business numbers for the month. Wisner and Turner inquired into whether O’Bryan actually had made sales to certain prospective clients or was merely reporting tentative sales. 27. On August 2, 1993, O’Bryan, Wisner, Turner and Cleaver met to review O’Bryan’s performance during the course of his sixty day probationary period. Each of the account executive guidelines were discussed with O’Bryan. First, it was pointed out that O’Bryan had only made eighty-eight percent of his monthly budget -projections for the months January through April. O’Bryan had made sixty-four percent of his monthly budget projections for May, fifty-two percent for June, and ninety-three percent for July. The second topic of conversation was O’Bryan’s percentage of increase in direct business. O’Bryan’s average for January through April stood at twelve percent. In May O’Bryan had a seven percent increase, a fifteen percent increase in June, and an eighteen percent increase in direct business in July. These numbers were all below the station’s average of twenty-five percent. The third performance guideline was to average $4,000 a month per month in new direct business. O’Bryan had, from January through April of 1993, only generated $6,854 in new direct business. O’Bryan’s direct new business in May 1993 was $1,074. Excluding Our Hometown and Timeshares’ accounts, O’Bryan had new direct business in June of $1,188 and in July of $2154. Fourth, Wisner indicated that O’Bryan had met the guidelines cash production billings number of $325 per month in May with $390 in production billings, and June with $660 in billings, but had only $195 in billings for the month of July. Fifth, Wisner informed O’Bryan that he had only made what she deemed to be fourteen custom made proposals during the period of his probation when he should have produced thirty-six. Sixth, Wisner pointed out to O’Bryan that he had failed to demonstrate initiative on his own accounts and projects. Finally, Wisner indicated that O’Bryan had met guidelines for participation in sales lunches. Overall, Wisner assessed that O’Bryan had only met one of the seven guidelines during his probation period. O’Bryan’s employment with KTIV was then terminated during the meeting. 28. O’Bryan was fifty-eight years of age as of August 2, 1993, the date his employment with KTIV was terminated. B. Contested Facts. 1. Whether KTTV’s agents made derogatory remarks concerning O’Bryan’s work performance. III. CONCLUSIONS OF LAW A. Standard for Summary Judgment The Eighth Circuit recognizes “that summary judgment is a drastic remedy and must be exercised with extreme care to prevent taking genuine issues of fact away from juries.” Wabun-Inini v. Sessions, 900 F.2d 1234, 1238 (8th Cir.1990). On the other hand, the Federal Rules of Civil Procedure have authorized for nearly 60 years “motions for summary judgment upon proper showings of the lack of a genuine, triable issue of material fact.” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986). Thus, “summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed ‘to secure the just, speedy and inexpensive determination of every action.’” Wabun-Inini, 900 F.2d at 1238 (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1986)); Hartnagel v. Norman, 953 F.2d 394, 396 (8th Cir.1992). The standard for granting summary judgment is well established. Rule 56 of the Federal Rules of Civil Procedure states in pertinent part: Rule 56. Summary Judgment (b) For Defending Party. A party against whom a claim ... is asserted ... may, at any time, move for summary judgment in the party’s favor as to all or any part thereof. (c) Motions and Proceedings Thereon ____ The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(b) & (c) (emphasis added); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Munz v. Michael, 28 F.3d 795, 798 (8th Cir.1994); Roth v. U.S.S. Great Lakes Fleet, Inc., 25 F.3d 707, 708 (8th Cir.1994); Cole v. Bone, 993 F.2d 1328, 1331 (8th Cir.1993); Woodsmith Publishing Co. v. Meredith Corp., 904 F.2d 1244, 1247 (8th Cir.1990); Wabun-Inini, 900 F.2d at 1238 (citing Fed.R.Civ.P. 56(c)). A court considering a motion for summary judgment must view all the facts in the light most favorable to the nonmoving party, here O’Bryan, and give O’Bryan the benefit of all reasonable inferences that can be drawn from the facts. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)); Munz v. Michael, 28 F.3d 795, 796 (8th Cir.1994); Allison v. Flexway Trucking, Inc., 28 F.3d 64, 66 (8th Cir.1994); Johnson v. Group Health Plan, Inc., 994 F.2d 543, 545 (8th Cir.1993); Burk v. Beene, 948 F.2d 489, 492 (8th Cir.1991); Coday v. City of Springfield, 939 F.2d 666, 667 (8th Cir.1991), cert. denied, 502 U.S. 1094, 112 S.Ct. 1170, 117 L.Ed.2d 416 (1992). Procedurally, the moving party, KTIV, bears “the initial responsibility of informing the district court of the basis for their motion and identifying those portions of the record which show lack of a genuine issue.” Hartnagel, 953 F.2d at 395 (citing Celotex, 477 U.S. at 323, 106 S.Ct. at 2553); see also Reed v. Woodruff County, Ark.,. 7 F.3d 808, 810 (8th Cir.1993). KTIV is not required by Rule 56 to support its motion with affidavits or other similar materials negating the opponent’s claim. Id. “When a moving party has carried its burden under Rule 56(c), its opponent must do more than simply show there is some metaphysical doubt as to the material facts.” Matsushita, 475 U.S. at 586, 106 S.Ct. at 1356. O’Bryan is required under Rule 56(e) to go beyond the pleadings, and by affidavits, or by the “depositions, answers to interrogatories, and admissions on file,” designate “specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e); Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. Although “direct proof is not required to create a jury question, ... to avoid summary judgment, ‘the facts and circumstances relied upon must attain the dignity of substantial evidence and must not be such as merely to create a suspicion.’ ” Metge v. Baehler, 762 F.2d 621, 625 (8th Cir.1985) (quoting Impro Products, Inc. v. Herrick, 715 F.2d 1267, 1272 (8th Cir.1983), cert. denied, 465 U.S.. 1026, 104 S.Ct. 1282, 79 L.Ed.2d 686 (1984)), cert. denied, 474 U.S. 1057, 106 S.Ct. 798, 88 L.Ed.2d 774 (1986). The necessary proof that O’Bryan must produce is not precisely measurable, but the evidence must be “such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Allison v. Flexway Trucking, Inc., 28 F.3d 64, 66 (8th Cir.1994). In Anderson, 477 U.S. at 249, 106 S.Ct. at 2510-11, Celotex, 477 U.S. at 323-24, 106 S.Ct. at 2552-53, and Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1355-56 the Supreme Court' established that a summary judgment motion should be interpreted by the trial court to accomplish its purpose of disposing of factually unsupported claims, and the trial judge’s function is not to weigh the evidence and determine the truth of the matter, but to determine whether there is a genuine issue for trial. Johnson v. Enron Corp., 906 F.2d 1234, 1237 (8th Cir.1990). The trial court, therefore, must “assess the adequacy of the nonmovants’ response and whether that showing, on admissible evidence, would be sufficient to carry the burden of proof at trial.” Hartnagel, 953 F.2d at 396 (citing Celotex, 477 U.S. at 322, 106 S.Ct. at 2552). If O’Bryan fails to make a sufficient showing of an essential element of a claim with respect to which he has the burden of proof, then KTIV is “entitled to judgment as a matter of law.” Celotex, 477 U.S. at 323, 106 S.Ct. at 2552-53; Woodsmith, 904 ,F.2d at 1247. However, if the court -can conclude that a reasonable trier of fact could return a verdict for the nonmovant, then summary judgment should not be granted. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510; Burk, 948 F.2d at 492; Woodsmith, 904 F.2d at 1247. With these standards in mind, the court turns to consideration of the KTIV’s Motion for Summary-Judgment. B. Implied Covenant of Good Faith and Fair Dealing KTIV initially asserts that Iowa does not recognize the cause of action of breach of an implied covenant of good faith and fair dealing. Therefore, KTIV argues that the court should grant summary judgement on O’Bryan’s ninth cause of action. O’Bryan concedes “that he does not have a cause of action for breach of an implied covenant of good faith and fair dealing.” Plaintiffs Statement of Disputed Facts at ¶ 14. It must be noted that the Iowa Supreme Court has never recognized such a cause of action. In Fogel v. Trustees of Iowa College, 446 N.W.2d 451, 456-57 (Iowa 1989), the court found that [t]he doctrine stems from the implied duty of good faith and fair dealing recognized in all contracts. See Restatement (Second) of Contracts § 205 (1981). Applied in the employment context, an employee proving a prima facie case of unjust termination could shift to the employer the burden of proving good faith as a defense. The classic case invoking such a duty of good faith would be the discharge of a thirty-year employee six months before a pension vests, or the dismissal of an employee for spurning the affections of a co-worker. Only a small handful of states have adopted the doctrine. Although Fogel suggests we adopt the action as a tort, four of the five states that recognize the covenant treat it as a contract-based action. New Hampshire, the leading state recognizing the covenant of good faith, has since limited the action to dismissals that are in violation of public policy. The majority of jurisdictions that have addressed the covenant have unequivocally rejected it. Id. at 456-57 (citations omitted). The Iowa Supreme Court has since interpreted Fogel as expressly rejecting a cause of action for breach of an implied covenant of good faith and fair dealing in employment situations. Porter v. Pioneer Hi-Bred Int’l, Inc., 497 N.W.2d 870, 871 (Iowa 1993); French v. Foods, Inc., 495 N.W.2d 768, 771 (Iowa 1994); Grahek v. Voluntary Hosp. Co-op Ass’n of Iowa, Inc., 473 N.W.2d 31, 34 (Iowa 1991). Therefore, the court concludes that KTIV is entitled to summary judgment on O’Bryan’s claim of breach of covenant of good faith and fair dealing. C. Invasion of Privacy Claim KTIV next contends that O’Bryan has failed to set forth such facts as would support a cause of action for invasion of privacy under Iowa law. O’Bryan disputes this contention and asserts that a material fact question on this issue has been generated. The Iowa Supreme Court first recognized the tort of invasion of privacy in Bremmer v. Journal-Tribune Publishing Co., 247 Iowa 817, 821-22, 76 N.W.2d 762, 764-65 (1956). Stessman v. Am. Black Hawk Broadcasting Co., 416 N.W.2d 685, 686 (Iowa 1987); Howard v. Des Moines Register & Tribune Co., 283 N.W.2d 289, 291 (Iowa 1979), cert. denied, 445 U.S. 904, 100 S.Ct. 1081, 63 L.Ed.2d 320 (1980); Winegard v. Larsen, 260 N.W.2d 816, 818 (Iowa 1977). In Bremmer, the tort was defined as invasion of “the right of an individual to be let alone, to live a life of seclusion, to be free from unwarranted publicity.” Bremmer, 247 Iowa at 821, 76 N.W.2d at 764. Since recognition of the tort in Bremmer, the Iowa Supreme Court has adopted and applied the principles of invasion of privacy articulated in the Restatement (Second) of Torts (1977). Stessman, 416 N.W.2d at 686; Lamberto v. Bown, 326 N.W.2d 305, 309 (Iowa 1982); Anderson v. Low Rent Housing Comm’n of. Muscatine, 304 N.W.2d 239, 248 (Iowa), cert. denied, 454 U.S. 1086, 102 S.Ct.. 645, 70 L.Ed.2d 621 (1981); Howard, 283 N.W.2d at 291; Winegard, 260 N.W.2d at 822 (first applying those principles). The Restatement principles the Iowa Supreme Court has adopted are found in § 652A and subsequent sections defining each form of the tort. Section 652A states as follows: (1) One who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other. (2) The right of privacy is invaded by (a) unreasonable intrusion upon the seclusion of another, as stated in § 652B; or (b) appropriation of the other’s name, or likeness, as stated in § 652C; or (c) unreasonable publicity given to the other’s private life, as .stated in § 652D; or (d) publicity that unreasonably places the other in a false light before the public, as stated in § 652E. Winegard, 260 N.W.2d at 822 (citing Yoder v. Smith, 253 Iowa 505, 508, 112 N.W.2d 862, 863-64 (1962)). The court in Winegard clarified the requirements of each of these forms of the tort. Id. The form of the tort in question here, intrusion upon seclusion, was defined in Winegard as follows: Category (a) requires an intentional intrusion upon the solitude or seclusion of another which would be highly offensive to a reasonable person. § 652B. Id. The court noted further that both categories (c) and (d) of the tort require publicity or publication of some sort, and that the latter category overlaps the law of defamation. Id. at 823; see also Anderson, 304 N.W.2d at 248 (Category (d) “false light” theory of the tort, stating that although untruthfulness is required, it is not necessary for the plaintiff to prove that he or she was defamed); Howard, 283 N.W.2d at 298 (Category (d) publicity theory of invasion of privacy). Category (a) of the tort, however, does not require publication. Lamberto, 326 N.W.2d at 309; Winegard, 260 N.W.2d at 822; Restatement (Second) of Torts § 652B, comment a. To recover under the intrusion upon seclusion theory of the tort, a plaintiff must show, first, that the defendant intentionally intruded upon the seclusion that the plaintiff “has thrown about [his or her] person or affairs.” Restatement § 652B comment c; accord, Winegard, 260 N.W.2d at 822. Second, the intrusion must be one that would be “highly offensive to a reasonable person.” Winegard, 260 N.W.2d at 822; accord Restatement § 652B. The defendant is not liable, however, if the plaintiff is already in public view. Restatement § 652B comment c. Stessman, 416 N.W.2d at 687. The Iowa courts have made no other articulation of the elements of the intrusion on seclusion theory of the tort. Applying these standards here, the court concludes that KTIV is entitled to summary judgment against O’Bryan on his claim of invasion of privacy. First, O’Bryan has not been able to establish who searched his desk. He assumes that it was an employee of KTIV, but has alleged no facts to support his hypothesis. Additionally, O’Bryan has not shown that the individuals, even if KTIV employees, were acting within the scope of their employment with KTIV. Absent such a showing, the individual’s actions cannot be imputed to KTIV since, under Iowa’s doctrine of respondeat superior, an employer will be liable for the act of an employee only while the employee is acting in the scope of the individual’s employment. Jones v. Blair, 387 N.W.2d 349, 355 (Iowa 1986); see Burr v. Apex Concrete Co., 242 N.W.2d 272, 276 (Iowa 1976). Furthermore, even if the court were to assume that an employee of KTIV conducted the search, the court finds that, given the facts of this case, such a search would not constitute an intentional intrusion upon the solitude or seclusion of O’Bryan which would be highly offensive to a reasonable person. In the related context of the reasonableness of a government employee’s expectation of privacy in his workplace was recently explored by the Supreme Court in O’Connor v. Ortega, 480 U.S. 709, 107 S.Ct. 1492, 94 L.Ed.2d 714 (1987). Initially, the court pointed out that an “employee’s expectation of privacy must be assessed in the context of the relationship].” Id. at 717, 107 S.Ct. at 1497. In Ortega, the desk and files of Dr. Ortega, a state employee, were searched by his employer and several personal items were seized. Id. at 712-13, 107 S.Ct. at 1494-95. Ortega brought an action under 42 U.S.C. § 1983 against several hospital administrators alleging that the search violated the Fourth Amendment. Id. at 714, 107 S.Ct. at 1495-96. The Supreme Court then went on to conclude that Dr. Ortega had a reasonable expectation of privacy in his desk and file cabinets, both of which were located in his office. Id. at 718, 107 S.Ct. at 1498. The Court found significant the personal nature of the items in the desk and file cabinets, “which included personal correspondence, medical files, correspondence from private patients unconnected to the Hospital, personal financial records, teaching aids and notes, and personal gifts and mementos.” Id. Following the principles set out in Ortega, the Second Circuit held this year in Sheppard v. Beerman, 18 F.3d 147, 152 (2d Cir.), cert. denied, — U.S.-, 115 S.Ct. 73, 130 L.Ed.2d 28 (1994), that a law clerk did not have a reasonable expectation of privacy in his office furniture or file cabinets. In Beer-man, a law clerk brought an action under 42 U.S.C. § 1983 alleging that his prior employer’s search of his office following his dismissal violated his Fourth Amendment rights. Id. at 149. The court concluded that the judge’s search of his former law clerk’s office was not violative of the clerk’s Fourth Amendment rights because the clerk has no expectation of privacy in his office. Id. at 152. The court’s rationale was that, due to the open and unique nature of the working relationship between a judge and the judge’s clerk, the clerk had no reasonable expectation of privacy in his desk or file cabinets. Id. Similarly, here the court finds that, on the record before it, O’Bryan did not have a reasonable expectation of privacy that his employer would not search his desk or officer area for employer owned documents. O’Bryan’s desk was in an open, accessible area of KTIV. Neither his desk nor credenza was locked. Additionally, both pieces of office furniture contained sales information which was the property of his employer. Furthermore, O’Bryan assumed that, in his absence, fellow employees would be able to go into his office to retrieve employment related documents. Cf Hoth v. American States Ins. Co., 735 F.Supp. 290 (N.D.Ill. 1990) (concerning an Illinois invasion of privacy claim brought by a former employee against his former employer arising from the employer’s search of the employee’s office, file cabinet and desk, without the employee’s consent, the district court determined that the employee had failed to state a claim upon which relief might be granted because the employee failed to allege the employer lacked authority to conduct the search). Although “[a] search of an employee’s workplace which is done in such a way as to reveal matters unrelated to the workplace, may constitute tortious invasion of the employee’s privacy,” Doe v. Kohn, Nast & Graf, P.C., 862 F.Supp. 1310, 1326 (E.D.Pa.1994), here the search was apparently conducted to obtain employer owned documents since no matters unrelated to the workplace were revealed or removed from O’Bryan’s office. Therefore, because O’Bryan has not shown that the search of his office was conducted by a KTIV employee, that if the search was done by a KTIV employee that the employee was acting within the scope of his or her employment while conducting the search, or that he had a reasonable expectation of privacy that his employer would not search his office area for employer owned documents, the court concludes that summary judgment shall be granted against O’Bryan on his claim for invasion of privacy. D. ERISA Claim, The court next turns to O’Bryan’s ERISA claim. O’Bryan alleges in the third cause of action found in the first amended complaint that: 27. O’Bryan was receiving benefits from KTIV Television, which included, but were not limited to, medical insurance, life insurance, and pension benefits under the KTIV Profit Sharing and Retirement Plan. 28. O’Bryan was diseriminatorially [sic] discharged by KTIV, in part, to save on pension contributions, all of which is in violation of ERISA, 29 U.S.C. § 1132 et seq. First Amended Compl. at 6. “ERISA discrimination claims are analyzed under the three-stage framework used in Title VII and ADEA cases.” Rath v. Selection Research, Inc., 978 F.2d 1087, 1089 (8th Cir.1992) (citing with approval Dister v. Continental Group, Inc., 859 F.2d 1108, 1112 (2d Cir.1988)). The framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 1824-26, 36 L.Ed.2d 668 (1973), has been summarized by the United States Supreme Court as follows: First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection....” Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981) (quoting McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824). Thus, to sustain a cause of action under section 1140, a plaintiff must demonstrate: (1) that he is a member of a protected class, i.e., an employee who may be entitled to the benefit of a covered plan; (2) that he was qualified for the position he held; and (3) that the timing of the discharge and the resulting savings to the employer raised an inference of discrimination. Dister, 859 F.2d at 1115. Applying these standards here, O’Bryan has failed to make out a prima facie case sufficient to withstand summary judgment. Although O’Bryan was in a protected group and the court will assume that he was qualified for his position, he has failed to show that his discharge resulted in any savings to KTIV. O’Bryan asserts that summary judgment is inappropriate here because a material fact exists concerning KTIV’s intent and motivation in firing him. O’Bryan must, nevertheless, offer “concrete evidence from which a reasonable juror could return a verdict in his favor ...” Liberty Lobby, 477 U.S. at 256, 106 S.Ct. at 2514. The circumstances in this case are insufficient to give rise to an inference of discrimination. The only circumstances which O’Bryan points the court to are the facts that KTIV was purchased in 1989 by Quincy for a reported $21,000,000 and Turner’s subsequently telling O’Bryan that he thought Quincy had paid too much for the station and that they’d have to cut costs and raise revenues. It must be remembered that Quincy purchased the station in the fall of 1989, and O’Bryan was not discharged from his employment until August 3, 1993, nearly four years later. Furthermore, O’Bryan does not place the statement from Turner in any time frame. Clearly, he does not place it in close proximity with the time of his discharge nor demonstrate that KTIV’s finances were such that cost cutting was being contemplated at the time of his dismissal. Additionally, O’Bryan has not demonstrated that his termination would result in cost savings to KTIV. “ ‘No ERISA cause of action lies where the loss of pension benefits was a mere consequence of, but not a motivating factor behind, a termination of employment.’ ” Dister, 859 F.2d at 1111 (quoting Titsch v. Reliance Group, Inc., 548 F.Supp. 983, 985 (S.D.N.Y.1982), aff'd, 742 F.2d 1441 (2d Cir.1983)). In Dister, the plaintiff established a prima facie case that he was discharged under circumstances giving rise to an inference of discrimination by showing that he was discharged four months and seven days before his benefits were to vest and that his discharge saved the defendant approximately $550,000. Dister, 859 F.2d at 1114. The court also noted that the plaintiff, a vested employee, was discharged while a non-vested employee was permitted to remain with the defendant corporation. Id. O’Bryan has made no similar showing here. Finding the record in this case is devoid of evidence of intentional discrimination, the court shall grant this aspect of KTIV’s motion and dismiss O’Bryan’s ERISA claim set out in the amended complaint’s as O’Bryan’s fourth cause of action. E. Infliction of Emotional Distress KTIV next seeks summary judgment on O’Bryan’s claim of intentional infliction of emotional distress. KTIV challenges this claim on the ground that, as a matter of law, the Iowa Civil Rights Act, Iowa Code § 216.16, provides the exclusive remedy for the conduct alleged. KTIV also challenges the claim on the ground that it fails to state a claim upon which relief can be granted because, even if true, O’Bryan’s allegations fail to meet the Iowa Supreme Court’s requirements for either outrageous conduct or severe emotional distress. 1. Elements Of The Tort. The elements for recovery on the common law tort of intentional infliction of emotional distress in Iowa are: (1) outrageous conduct by the defendant; (2) the defendant’s intentional causing, or reckless disregard of the probability of causing emotional distress; (3) plaintiff suffered severe or éntreme emotional distress; (4) actual and proximate cause of the emotional distress by the defendant’s conduct. Cutler v. Klass, Whicher & Mishne, 473 N.W.2d 178, 183 (Iowa 1991)' (citing Vaughn v. Ag Processing, Inc., 459 N.W.2d 627, 635-36 (Iowa 1990), and Vinson v. Linn-Mar Community Sch. Dist, 360 N.W.2d 108, 118 (Iowa 1984)). KTIV asserts that O’Bryan’s claim of intentional infliction of emotional distress is only cognizable as a claim under the Iowa Civil Rights Act, because his allegations concerning outrageous conduct for the common law tort are in part identical 'to his allegations of sex and age discrimination, for which the exclusive remedy is found in Iowa Code Ch. 216. The court, therefore, will consider first whether the remedies provided by the Iowa Civil Rights Act are O’Bryan’s exclusive remedies for his claim of intentional infliction of emotional distress. Once that question is answered, the court will consider whether O’Bryan’s claim makes a sufficient showing for recovery on the tort of infliction of emotional distress. 2. Preemption By The Iowa Civil Rights Act. Iowa Code Chapter 216 (1993) established the Iowa Civil Rights Commission and provides statutory remedies for enforcement of basic civil rights. Greenland v. Fairtron Corp., 500 N.W.2d 36, 37 (Iowa 1993). The Iowa Supreme Court has declared that section 216.16(1) renders the chapter’s remedies exclusive and preemptive. Id.; Grahek v. Voluntary Hosp. Coop. Ass’n of Iowa, Inc., 473 N.W.2d 31, 33 (Iowa 1991); Northrup v. Farmland Indus., Inc., 372 N.W.2d 193, 197 (Iowa 1985). Preemption occurs unless the claims are separate and independent, and therefore incidental, causes of action. Greenland, 500 N.W.2d at 38; Grahek, 473 N.W.2d at 34; Vaughn, 459 N.W.2d at 639. “The claims are not separate and independent when, under the facts of the case, success in the nonchapter [216] claims requires proof of discrimination.” Greenland, 500 N.W.2d at 38. The Iowa Supreme Court has addressed the preemption issue in an extremely limited number of cases. The seminal case was Northrup, 372 N.W.2d 193. In Northrup, the Iowa Supreme Court held that then chapter 601A provided the exclusive remedy for alleged wrongful discharge for alcoholism and refused to recognize the plaintiffs independent common-law action for wrongful discharge. Id. at 197. The court, however, went on to entertain the plaintiffs claim that his discharge for alcoholism constituted intentional infliction of emotional distress. Id. at 197-99. The court concluded that discharge of a plant superintendent for alcoholism, when the superintendent has extensive responsibilities for plant operations, buying, production scheduling, maintenance, and plant safety was not outrageous conduct, nor was general criticism of the superintendent’s performance outrageous. Id. at 198. The Iowa Supreme Court subsequently clarified its holding in Northrup in Hamilton v. First Baptist Elderly Housing Found., 436 N.W.2d 336 (Iowa 1989). In Hamilton, the plaintiff alleged discharge of an at-will employee in violation of public policy, but the court found that her argument “basically boil[ed] down to an assertion of sex discrimination.” Id. at 341. The court concluded that Northrup held that the civil rights statute preempts independent common law actions also premised on discrimination. Id. The court stated that [plaintiff] failed in her bid to prove sex discrimination. Northrup forbids her a second bite of the apple in the form of an independent common law action also premised on sex discrimination. Id. at 341-42; see also Borschel v. City of Perry, 512 N.W.2d 565, 567-68 (Iowa 1994) (citing Hamilton, court held that civil rights statute preempts claim of wrongful discharge in violation of public policy when the claim is premised on discriminatory acts). Similarly, in Vaughn, 459 N.W.2d 627 (Iowa 1990), the Iowa Supreme Court held that the trial court properly dismissed, as preempted by the civil rights statute, claims of wrongful discharge, unfair employment practices and termination in bad faith and actual malice because all were based on religious discrimination. Id. at 639. The court further concluded that a claim based on violation of criminal statutes was preempted. Id. at 638. The court, however, held that a claim of breach of contract was not preempted, because it was a separate and independent cause of action triable to a jury. Id. at 639. In Grahek, 473 N.W.2d 31, the court also held that a breach of contract claim was not preempted by the civil rights statute even when the plaintiff believed that he was fired because of his age because [plaintiff] need not prove it to be successful in his contract claim. In this count he is claiming that the employment contract was breached by his premature termination in violation of the terms of the alleged contract. The claim of age discrimination is only incidental to the separate and independent cause of action for breach of contract. Grahek, 473 N.W.2d at 34. The Iowa Supreme Court, however, distinguished wrongful discharge claims based on at-will employment from the one encountered by the plaintiff alleging breach of an employment contract, noting that “in an at-will situation, either party may terminate the employment at any time for any reason except discrimination under chapter 601A or violation of public policy.” Id. The court further noted that [s]ince in at-will employment situations involving allegations of discrimination the claim of wrongful discharge and the claim of discrimination are one and the same, Iowa Code section 601A.16 requires that the employee follow the procedures provided in that chapter. Id. The court, however, did find that the plaintiffs breach of implied covenant of good faith and fair dealing claims were preempted because the only act of bad faith which [plaintiff] alleges is age discrimination. Thus, as in at-will employment arrangements, the bad faith claim and the chapter 601A civil rights claim are the same. Therefore, chapter 601A preempts the tort claim. Id. Claims of fraudulent and negligent misrepresentation, which were not based on unfair or discriminatory practices, but on earlier acts, were not preempted. Id. at 35. Finally, in Greenland, 500 N.W.2d 36, the Iowa Supreme Court held that a claim of intentional infliction of emotional distress was preempted by chapter 216 because the plaintiff had to prove sexual discrimination to be successful in the emotional distress claim. Id. at 38. The court held that the test is whether, in light of the pleadings, discrimination is made an element of the alternative claims. Id. We think the answer with regard to the emotional distress claim is yes, resulting in preemption. Discrimination through sexual harassment is the “outrageous conduct” [plaintiff] specifically alleges in her claim for intentional infliction of emotional distress. So under the facts she alleges, if she were to fail in her claim of discrimination, [plaintiff] would necessarily fail in her claim of intentional infliction of emotional distress. Stated otherwise, it is impossible for [plaintiff] to establish the emotional distress she alleges without first proving discrimination. Id. The court also addressed the apparent inconsistency between this holding and the Northrup decision in which the court had entertained an emotional distress claim based on termination for alcoholism after concluding that the plaintiff had a viable claim under chapter 216 for discrimination on the basis of alcoholism. Northrup, 372 N.W.2d at 197-99. In Greenland, the court noted that its decisions in Vaughn and Northrup did not implicitly allow separate claims for intentional infliction of emotional distress in conjunction with Chapter 216 discrimination claims because preemption of the emotional distress claims had never been raised or considered in either appeal. Greenland, 500 N.W.2d at 38. Here, the same facts alleged in support of Bryan’s claims of age and sex discrimination are incorporated in the claim of intentional infliction of emotional distress and Bryant alleges that these discriminatory acts of KTIV constitute outrageous conduct. See Amended Compl. Seventh Cause of Action. Therefore, under Greenland, the claim of intentional infliction of emotional distress predicated on these allegedly discriminatory acts is preempted by Chapter 216 of the Iowa Code. The court finds that O’Bryan’s claim of intentional infliction of emotional distress is preempted by the Iowa Civil Rights Act because it is impossible for O’Bryan to establish the emotional distress he alleges without first proving discrimination. See Greenland, 500 N.W.2d at 38. The court, therefore, concludes that the Iowa Civil Rights Act provides O’Bryan with his exclusive remedy for the conduct complained of here. Although the court need not do so in light of the court’s prior holding, the court will nonetheless proceed to determine, in the alternative, whether O’Bryan has made a sufficient showing for recovery under the tort. 3. Outrageous Conduct Requirement. The court will now consider whether KTIVs assertion that even if O’Bryan’s claim is not barred by the exclusivity of Chapter 216, summary judgment is appropriate because O’Bryan cannot produce evidence of sufficiently outrageous conduct. The Iowa Supreme Court has said that when a plaintiff brings a claim of intentional infliction of emotional distress, “it is for the court to determine in the first instance, as a matter of law, whether the conduct complained of may reasonably be regarded as outrageous.” Cutler v. Klass, Whicher & Mishne, 473 N.W.2d 178, 183 (Iowa 1991); Mills v. Guthrie County Rural Elec., 454 N.W.2d 846, 849 (Iowa 1990); M.H. ex rel. Callahan v. State, 385 N.W.2d 533, 540 (Iowa 1986); Reihmann v. Foerstner, 375 N.W.2d 677, 681 (Iowa 1985); Vinson v. Linn-Mar Comm. Sch. Dist., 360 N.W.2d 108, 118 (Iowa 1984); Roalson v. Chaney, 334 N.W.2d 754, 756 (Iowa 1983). .The Iowa Supreme Court has required an extreme of egregiousness to elevate (or downgrade) mere bad conduct to the level of outrageousness. See Northrup, 372 N.W.2d at 198. For conduct to rise to the level of outrageous, it must be “so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”. Cutler, 473 N.W.2d at 183 (citing Vaughn, 459 N.W.2d at 636); Engstrom v. State, 461 N.W.2d 309, 320 (Iowa 1990) (quoting Vinson, 360 N.W.2d at 118); Harsha v. State Sav. Bank, 346 N.W.2d 791, 801 (Iowa 1984) (quoting Restatement (Second) of Torts § 46 comment d (1965)). Indeed, the Iowa court has said that [t]he tort law should encourage a certain level of emotional toughness. “The rough edges of our society are still in need of a good deal of filing down, and in the meantime plaintiffs must necessarily be expected and required to be hardened to a certain amount of rough language, and to occasional acts that are definitely inconsiderate and unkind.” Restatement (Second) of Torts § 46, comment d, supra. “Against a large part of the frictions and irritations and clashing of temperaments incident to participation in a community life, a certain toughening of the mental hide is a better protection than the law could ever be.” Magruder, Mental and Emotional Disturbance in the Law of Torts, 49 Harv.L.Rev. 1033, 1035 (1936). Northrup, 372 N.W.2d at 198-99 (quoting Meyer v. Nottger, 241 N.W.2d 911, 918 (Iowa 1976)). Peculiar susceptibility, by reason of physical or mental condition of the person affected, is a factor in considering whether conduct is outrageous, although “major outrage” is always the crucial element of the tort. Cutler, 473 N.W.2d at 183 (quoting Restatement (Second) of Torts § 46, comment f). In Northrup, the court quoted extensively from the Restatement (Second) of Torts § 46, comment d, for a statement of the level of bad conduct necessary to be held to be outrageous: It has not been enough that the defendant has acted with an intent which is tortious or even criminal, or that he has intended to inflict emotional distress, or even that his conduct has been characterized by “malice,” or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort. Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, “Outrageous!” Northrup, 372 N.W.2d at 198. Iowa courts have held, as the Restatement suggests, that it is not even sufficient that the conduct in question would have entitled the plaintiff to punitive damages. Mills, 454 N.W.2d at 850 (citing Vinson, 360 N.W.2d at 118). It is a simpler matter to discover what kinds of behavior the Iowa Supreme Court has held insufficiently outrageous to sustain the tort than it is to find out what kind of behavior is sufficiently egregious. See, e.g., Cutler, 473 N.W.2d at 183 (letter advising partner who had suffered from a period of mental illness that he-could not return to law practice without further review by partners was not extremely outrageous and did not generate a genuine issue of material fact on the claim); Engstrom, 461 N.W.2d at 320 (negligent failure to search for plaintiffs’ adopted daughter’s natural father before placing her in plaintiffs’ home, and telling adoptive parents the father was dead without verifying his death, were not outrageous); Kirk v. Farm & City Ins. Co., 457 N.W.2d 906, 911 (Iowa 1990) (insurance company’s refusal to pay the full amount of uninsured coverage not outrageous); Mills, 454 N.W.2d at 849 (rural electric cooperative’s conduct in using split bolt connectors instead of compression connectors to connect grounding jumper wire to main neutral line, in failing to discover dangerous situation that Such omission presented, and in conducting settlement negotiations through insurance carrier with cooperative customers who sustained fire damage was not sufficiently outrageous); Tomash v. Deere Indus. Equip. Co., 399 N.W.2d 387, 392-93 (Iowa 1987) (bringing of criminal charges was reasonably appropriate and therefore not outrageous); Reihmann, 375 N.W.2d at 681 (claim of improperly exerting influence to transfer employee was too speculative, and transfer of employee after complaints from customers was not outrageous); Northrup, 372 N.W.2d at 198-99 (firing for alcoholism not outrageous in light of extensive responsibilities of plaintiff); Bossuyt v. Osage Farmers Nat. Bank, 360 N.W.2d 769, 777 (Iowa 1985) (bank’s refusal to pay own cashier’s check not outrageous); Vinson, 360 N.W.2d at 119 (deliberate campaign to badger and harass employee not outrageous although “petty and wrong,, even malicious”); Harsha v. State Sav. Bank, 346 N.W.2d 791, 801 (Iowa 1984) (banker’s refusal to extend credit causing creditor to default on other obligations not sufficiently outrageous to support jury verdict on emotional distress claim); Roalson v. Chaney, 334 N.W.2d 754, 756 (Iowa 1983) (offer to marry made to woman still married and intended for her was not outrageous conduct as to woman’s husband, even if it showed poor judgment); Amsden v. Grinnell Mut. Reinsurance Co., 203 N.W.2d 252, 255 (Iowa 1972) (refusal to pay fire insurance benefits during period of arson investigation to insured suspected of arson by authorities not outrageous). There are few cases in which an Iowa court actually held the conduct alleged was sufficiently outrageous. See, e.g., Bong v. Snyder, 361 N.W.2d 312, 315-17 (Iowa Ct.App.1984) (supervisors’ excessive and groundless harassment of employee sufficiently outrageous); Randa v. U.S. Homes, Inc., 325 N.W.2d 905, 907-08 (Iowa Ct.App. 1982) (defective construction of home and filing of mechanic’s lien so shocking as to support jury verdict for emotional distress). The court concludes that O’Bryan has not alleged any sufficiently outrageous conduct to support his claim of intentional infliction of emotional distress. At most, his allegations are that he was demoted abruptly and his position was assumed by the associate who had recommended his demotion. He subsequently was fired aftér failing to meet the new performance guidelines. Whether or not the court agrees with KTIVs business decision to terminate O’Bryan, discharging an at-will employee who was not performing up to the standards required by an employer in a competitive business can hardly be considered outrageous. O’Bryan, thus, has failed as a matter of law to present evidence of outrageous conduct on the part of KTIV. The court concludes that KTIV is therefore entitled to summary judgment on O’Bryan’s claim for infliction of emotional distress. 4. Evidence of Emotional Distress. In the alternative, the court concludes that O’Bryan’s evidence of emotional distress is insufficient as a matter of law to support the claim of intentional infliction of emotional distress. The Iowa Supreme Court has established stringent standards for this element of the tort as well. In Iowa, “the law intervenes only where the distress inflicted is so severe that no reasonable [person] could be expected to endure it.” Tappe v. Iowa Methodist Medical Ctr., 477 N.W.2d 396, 404 (Iowa 1991) (quoting Bethards v. Shivers, Inc., 355 N.W.2d 39, 44 (Iowa 1984), in turn quoting Restatement (Second) of Torts § 46, comment j (1965)). The plaintiff must prove more than the fact that he felt bad for a period of time. Vaughn, 459 N.W.2d at 636; Steckelberg v. Randolph, 448 N.W.2d 458, 461 (Iowa 1989); Randa, 325 N.W.2d at 908. Rather, the plaintiff must also put on proof of physical ailments that plagued him during the relevant period of time and medical evidence of the cause of these ailments. Vaughn, 459 N.W.2d at 636. In many cases where the Iowa Supreme Court has held that a fact question was engendered on the issue of emotional harm and causation, the court has relied on the testimony of physicians and psychiatrists. Id. (citing cases). The Iowa Supreme Court has found a variety of symptoms and combination of symptoms inadequate to support a claim of emotional distress. See, e.g., Tappe, 477 N.W.2d at 404 (event “worst thing” that ever happened to plaintiff, followed by symptoms of feeling upset and confused fell far short of proof necessary to sustain a prima facie ease); Vaughn, 459 N.W.2d at 686 (evidence that plaintiff was upset, grouchy, nervous, and that his sex life deteriorated not sufficient); Bates v. Allied Mut. Ins. Co., 467 N.W.2d 255, 261 (Iowa 1991) (evidence that plaintiff was so angry he felt physical pain, was sleepless, could only think about the event, felt cheated by the legal system and did not trust lawyers or anyone else, was haunted by fears that occupied his waking moments, interrupted his sleep, and prevented him from enjoying life was insufficient); Bethards v. Shivvers, Inc., 355 N.W.2d 39, 44-45 (Iowa 1984) (one plaintiff “quivered” when the subject came up, the other worried about what other people thought, but such evidence was insufficient); Harsha v. State Sav. Bank, 346 N.W.2d 791, 801 (Iowa 1984) (plaintiff was depressed, not interested in life, and downhearted, but such evidence was insufficient); Poulsen v. Russell, 300 N.W.2d 289, 297 (Iowa 1981) (plaintiffs evidence that he was “very, very down,” felt “super badly,” was disappointed, and believed he had lost everything for a month or two was insufficient). In contrast, cases in which the Iowa courts have found evidence of sufficient emotional harm have had direct evidence of either physical symptoms of the distress or a clear showing of a notably distressful mental reaction caused by the outrageous conduct. Steckelberg, 448 N.W.2d at 462 (citing the following cases: Meyer v. Nottger, 241 N.W.2d 911, 915-16 (Iowa 1976) (plaintiff was nauseous, had difficulty breathing, and was hospitalized for acute heart spasm); Northrup v. Miles Homes, Inc., 204 N.W.2d 850, 855 (Iowa 1973) (plaintiff cried frequently, lost weight, and suffered abdominal cramps); Randa, 325 N.W.2d 905, 908 (Iowa Ct.App. 1982) (plaintiff was hospitalized with a near nervous breakdown, fear, and shock)); see also Wambsgans v. Price, 274 N.W.2d 362, 366 (Iowa 1976) (although Supreme Court believed evidence of distress from loss of home was sufficient, jury had been improperly instructed and matter was remanded). Here, O’Bryan has not presented evidence of such" dire symptoms. Rather, O’Bryan asserts that It was absolutely the most trying time of my life. I could not sleep. My wife all of a sudden had blood pressure problems and I was emotionally stressed to say the least, as was my entire family. O’Bryan Aff. at ¶ 16. These symptoms, although uncomfortable or disconcerting, are not “so severe that no reasonable [person] could be expected to endure it.” Tappe, 477 N.W.2d at 404. Furthermore, any medical evidence of causation is entirely lacking from the summary judgment record. The court concludes that on the ground of insufficient evidence of emotional distress as well as the grounds of preemption by the Iowa Civil Rights Act and insufficient evidence of outrageous conduct, KTIV is entitled to summary judgment on O’Bryan’s claim of intentional infliction of emotional dist