Full opinion text
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT TABLE OF CONTENTS I. PROCEDURAL BACKGROUND..........................................1103 II. STANDARDS FOR SUMMARY JUDGMENT..............................1104 III. FINDINGS OF FACT...................................................1106 A. Undisputed Facts...................................................1106 B. Disputed Facts .....................................................1107 TV. LEGAL ANALYSIS......................................................1108 A. Tort Claims And Iowa Code Ch. 216.................................1108 B. The Claim Of Wrongful Discharge In Violation Of Public Policy.....1111 1. Public Policy And Inquiries About Insurance Benefits............1114 2. Public Policy And Threats To Consult An Attorney...............1116 C. The Intentional Infliction Of Emotional Distress Claim..............1122 1. Elements Of The Tort...........................................1122 2. The Outrageousness Of Defendant’s Conduct......................1122 3. Sufficiency Of Plaintiff’s Emotional Distress.....................1124 D. The Defamation Claim..............................................1124 1. Defamation And Defamation “Per Se”...........................1124 2. Qualified Privilege..............................................1125 V. CONCLUSION...........................................................1129 BENNETT, District Judge. Defendant employer has moved for summary judgment on three of the seven counts in a former employee’s lawsuit arising out of the termination of the employee’s at-will employment. First, the employer has moved for summary judgment on the former employee’s claim of wrongful or retaliatory discharge in violation of public policy. The former employee asks this court to extend the public policy exception to at-will employment to protect her from discharge allegedly based on her inquiries about cancer insurance coverage and requests for an explanation of why that coverage was not available, and her threats to consult a lawyer to assist her in obtaining coverage or an explanation. The employer seeks summary judgment on this claim on the ground that, even assuming the former employee was terminated for the reasons she suggests and not for poor performance as asserted by the employer, no clearly articulated public policy of this state is implicated by the former employee’s termination. Second, the employer seeks summary judgment on the former employee’s claim of intentional infliction of emotional distress on the ground that no conduct alleged is sufficiently outrageous as a matter of law to support the claim. Third, the employer seeks summary judgment on the former employee’s claim of defamation, asserting a qualified privilege to make limited publication of the negative evaluations of the former employee’s performance upon which the defamation claim is based. The parties have also agreed to dismissal of all or parts of other counts in the former employee’s complaint. I. PROCEDURAL BACKGROUND Plaintiff Tressa A. Thompto filed her complaint against defendant Coborn’s Incorporated on June 28, 1993, alleging age and sex discrimination, breach of contract, and tortious conduct arising out of her termination as deli manager of the Cash Wise Store in Mason City, Iowa, which is owned and operated by Coborn’s. Thompto’s complaint is in seven counts. Count I alleges sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a). Count TV alleges failure to provide insurance benefits in violation of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. The remaining claims are pendant state-law claims. Count II alleges age and sex discrimination in violation of the Iowa Civil Rights Act, Iowa Code § 601A.6(l)(a) (now Iowa Code § 216.6(l)(a)). Count III alleges breach of contract for failure to provide cancer insurance. Count V alleges common-law wrongful or retaliatory discharge for inquiring about cancer insurance coverage and requesting an explanation for why the coverage was not available, and for threatening to consult a lawyer to obtain such coverage or an explanation. Count VI alleges common-law defamation as the result of alleged publication of unfavorable employment evaluations and false grounds for termination. Count VII alleges common-law intentional infliction of emotional distress as the result of all of the conduct alleged in the other counts of the complaint. Coborn’s answered the complaint on October 1, 1993. On September 23, 1994, Co-born’s filed its. first amended answer to the complaint to add as an affirmative defense to all complaints Thompto’s failure to mitigate damages, and to add qualified privilege as an affirmative defense to the ■ defamation claim in Count VI. Apparently because the parties did not contemplate any amendments in their scheduling report filed October 27, 1993, no deadline for filing of amendments was established. However, because the amendment here follows by more than twenty days the filing of the original answer, Coborn’s requires leave of the court to file the amendment. That leave is hereby granted. On October 11, 1994, Coborn’s moved for partial summary judgment in its favor on three of the seven counts of the complaint. First, Coborn’s argues that it is entitled to summary judgment on. Thompto’s claim of wrongful or retaliatory discharge, Count V, on the ground that the Iowa Supreme Court has never recognized a public policy exception protecting an at-will employee from termination on the basis of that employee’s inquiries concerning insurance coverage. Thompto resists summary judgment on this count on the ground that there is a genuine issue of material fact as to whether or not she was terminated for discriminatory or retaliatory reasons rather than for poor performance as alleged by Coborn’s, and on the ground that this court should recognize a public policy exception to termination of an at-will employee protecting her from termination for inquiring about cancer insurance coverage and for threatening to consult a lawyer to obtain that coverage or an explanation of the lack of coverage. Coborn’s has also moved for summary-judgment on Count VI of Thompto’s complaint on the ground that it had a qualified privilege to make the allegedly defamatory statements, in negative employee evaluations of Thompto and explanations of Thompto’s termination, to investigatory bodies and Co-born’s employees and that Thompto cannot show that those statements were made with actual malice. Thompto counters that there is a genuine issue of material fact as to the truth or falsity of the statements Coborn’s made and whether they were made with actual malice. Thompto also argues that Co-born’s did not make the allegedly defamatory statements in “good faith” and therefore cannot claim any qualified privilege. Coborn’s has also moved for summary judgment on Thompto’s claim of intentional infliction of emotional distress, Count VII, on the ground that none of the conduct Thompto complains of, even if it were true, which Coborn’s disputes, rises to the level of outrageousness necessary to support such a claim. Thompto argues that there is a genuine issue of material fact as to whether or not Co-born’s conduct was sufficiently outrageous to support her tort claim. Finally, the parties have agreed to disposition or partial disposition of some of the counts of Thompto’s complaint and ask this court to enter an order confirming these dispositions. First, the parties have agreed to dismissal of Count IV, the ERISA claim. Second, the parties have agreed that Counts I (Title VII) and II (Iowa Code § 216.6) shall be amended to delete any age discrimination claims, and that Count II shall be withdrawn from jury consideration and will instead be tried to the bench. Next, the parties have agreed that Count II shall be further amended to delete any damages claims for “inconvenience” and “loss of enjoyment of life.” The parties have also agreed that Counts III, V, VT, and VII of the complaint shall be amended to eliminate any claims for “back pay,” “inconvenience,” and “loss of enjoyment of life,” and to eliminate any claim for recovery of attorney fees. The court confirms these dispositions or partial dispositions, and turns to consideration of Coborn’s motion for partial summary judgment on Counts V, VI, and VTI. Before addressing the merits of Coborn’s summary judgment motion, the court examines the appropriate standards for summary judgment. II. STANDARDS 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, the “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 Thompto, and give Thompto the benefit of all reasonable inferences that can be drawn from the facts. Matsushita Elec. Indus. Co., Ltd. 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, Mo., 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, here Co-born’s, bears “the initial responsibility of informing the district court of the basis for [its] 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). Coborn’s 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. Thompto 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 Thompto 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, Celotex, 477 U.S. at 323-24, 106 S.Ct. at 2553, and Matsushita, 475 U.S. at 586-87, 106 S.Ct. at 1356, 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 Thompto fails to make a sufficient showing of an essential element of a claim with respect to which she has the burden of proof, then Cobom’s is “entitled to judgment as a matter of law.” Celotex, 477 U.S. at 323, 106 S.Ct. at 2552; 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 Cobom’s motion for partial summary judgment. III. FINDINGS OF FACT A Undisputed Facts The record reveals that the following facts are undisputed. On April 22, 1991, Thompto was hired as the deli department manager for the Mason City Cash Wise Store owned by Coborn’s. She was interviewed for the position by the Mason City store manager, Dave Meyer, and Coborn’s Deli Supervisor, Bill Landowski. Coborn’s had been dissatisfied with the prior deli manager of the Mason City store, and hoped that Thompto’s training and experience with McDonald’s would help her to turn around the deli’s performance. Coborn’s set performance targets for the Mason City deli department of 40% gross profits and 30% for labor costs. The performance of the Mason City deli department had been well off from these targets prior to Thompto’s taking over the department. The record is undisputed that Thompto was never able to bring the Mason City deli’s performance in line with the targets or to bring it in line with company-wide performance. For the second quarter of 1991, during which Thompto was responsible for the deli for only a little over two of the three months, the Mason City deli showed gross profits of 28.36%, or 11.64 percentage points under goal, and had a labor cost percentage of 34.67%, or at least 4.67 percentage points over goal. During the third quarter of 1991, the Mason City deli showed gross profits of 29.77%, or 10.23 percentage points under goal, and labor costs of 36%, or at least 6 percentage points over goal. During the fourth quarter of 1991, the Mason City deli showed gross profits of 15.32%, or 24.68 percentage points under goal, and labor costs of 31.2%, or at least 1.2 percentage points over goal. Thompto’s first employee evaluation was conducted on June 20, 1991, approximately two months after she started as the deli department manager. That employee evaluation rates her performance generally as “good” to “very good.” The evaluation, by Bill Landowski, notes that a subsequent evaluation would be in greater depth on Thompto’s management abilities. As weak points, Mr. Landowski noted that Thompto “[njeeds to work on interpersonal communication skills with Deb (assistant deli manager) and rest of staff.” Thompto’s self-evaluation targeted improvement in her relationship with her assistant manager, profit, and training of employees. During the third quarter of 1991, on September 23, 1991, Thompto learned that her husband had a brain tumor which required hospitalization and treatment at the Mayo Clinic in Rochester, Minnesota. Thompto received approximately two weeks of leave at full pay to accompany her husband to Rochester. Coborn’s covered Thompto’s absences during this period by providing staff to the Mason City Cash Wise Store from other deli departments in stores it owned in the region. At some point after her return to Mason City, Thompto asked the Mason City store manager, Dave Meyer, about cancer insurance coverage she believed she had been offered and had accepted during her orientation and for which deductions had been made to each of her paychecks. Meyer referred her to Mark Coborn of Coborn’s Human Resources office in St. Cloud, Minnesota. Mark Coborn replied to Thompto’s inquiries by conducting a brief investigation, then notifying Thompto that she had never signed up for the cancer insurance and that the deductions for cancer insurance were a mistake in coding her dental insurance deductions. Mark Coborn conducted a further investigation of cancer insurance coverage for Thompto, but found that the carrier of the policy, American Family Insurance, would be willing to cover Thompto and her children, but not her husband because of his pre-existing cancer diagnosis. On October 16, 1991, Thompto received a second employee evaluation. It is not clear from the record whether this evaluation preceded or followed Thompto’s inquiries concerning cancer insurance coverage. However, the evaluation this time described Thompto’s performance as “inadequate” or “weak,” with a few categories evaluated as “average.” The summary evaluation was “weak performance,” and because of the negative nature of this evaluation, a reevaluation was requested for January of 1992. On her December 21, 1991, paycheck, Co-born’s refunded to Thompto the $22.92 that it stated had been incorrectly deducted from prior paychecks for cancer insurance. Thompto’s husband called Coborn’s St. Cloud corporate offices on December 23, 1991, to discuss the cancer insurance problem with Coborn’s benefits coordinator, Marilyn Seanger. Seanger explained that the deductions for cancer insurance were a computer error, and prepared' a letter of explanation dated January 7, 1992, which was delivered to Thompto by Bill Landowski on January 9, 1992. On January 2, 1992, Landowski made a visit to the Mason City store for the purpose of discussing deli performance and scheduling the reevaluation of Thompto’s performance requested in the October 16, 1991, evaluation. Items of concern listed on Landowski’s store visit form included November gross profits problems, excessive labor costs, lack of organizational skills, and scheduling of the actual reevaluation. In deposition, Landowski testified that he went over each of these items with Thompto during this visit, although Thompto states that they did not discuss each item and that she initialled a blank form. On January 9,1992, Landowski and Meyer met with Thompto and terminated her employment. The summary evaluation stated “inadequate — improvement questionable.” Summary comments by Meyer and Landowski included statements that “gross profits show no improvement,” labor costs were over projections, unacceptable presentation of display cases, and concern over service as the result of declining sales and complaints. Thompto refused to sign the termination evaluation forms. Following Thompto’s termination, Meyer provided information to Job Service and civil rights investigators which included evaluation forms, termination forms, and written statements. Meyer also informed department managers at a meeting that Thompto had been terminated. Meyer testified in deposition that at most he indicated to department managers that Thompto’s termination had been for poor job performance, although he stated that he doesn’t remember specifically whether or not he gave any reason. B. Disputed Facts Thompto asserts that there are substantial disputes as to material facts. Thompto asserts that at her orientation, Meyer asked her if she wanted cancer insurance, and she said yes. Thompto was not advised that any further steps were necessary to initiate cancer insurance coverage. She asserts that she did not learn that Meyer’s representations that cancer insurance was available were false until her inquiries concerning coverage in October of 1991. She therefore asserts that she paid for insurance coverage that did not exist on the representations of Meyer. Coborn’s asserts that the cancer insurance at issue was not a direct benefit provided by Coborn’s, but was an insurance policy offered directly by American Family to Coborn’s employees for which Coborn’s would collect premiums if requested by employees. Coborn’s asserts that the American Family cancer insurance policy was not made available to employees by American Family until some time after Thompto was hired, and that Co-born’s never did more than collect the premiums for such insurance. Employees desiring this insurance, Coborn’s asserts, had to sign up for it directly with an American Family agent, not through Coborn’s. Thompto also alleges that she was given inadequate training to confront the problem of turning around the Mason City deli. Despite that inadequate training, Thompto asserts that she actually improved gross profits from the first to third quarters of 1991 and improved the deli’s labor cost figures from the first to fourth quarter of 1991. Thompto asserts that Landowski told her not to worry about the negative evaluation in October, although Landowski denies that. Thompto alleges that Landowski told the deli department employees in an October pre-holiday seminar that they were doing a good job. Landowski states that this was a motivational seminar, not an evaluation. Thompto asserts that the negative evaluations in October and January came without prior notice of poor performance and therefore are mere subterfuges to discredit her claims of sexual harassment, wrongful discharge, and defamation. Thompto also alleges that employees with performance records similar to her own have been retained by Coborn’s. Thompto asserts that she was fired after making several reports of sexual harassment and inappropriate conduct by employees at the Mason City Cash Wise Store, but that her complaints were ignored by the store manager, Dave Meyer. In fact, Thompto alleges that Meyer engaged in some of the inappropriate conduct of which she now complains. Thompto also alleges that her termination followed closely on the heels of a telephone call she made to Landowski on January 6, 1992, in which she demanded an apology and explanation for the failure to provide cancer insurance coverage and stated her intention to get a lawyer if she did not get an apology and explanation. Landowski testified in deposition that he recalls Thompto asking him about cancer insurance, but does not recall any demand for an apology or explanation or any threats by Thompto to get an attorney. Finally, Thompto alleges that Meyer made demonstrably false statements to the Mason City Human Rights Commission concerning Thompto’s performance. Thompto also asserts that she was compelled to reveal the alleged reasons for her termination by Co-born’s to an extensive list of prospective employers when she applied for jobs. Thompto therefore alleges that she was compelled to self-publish defamatory statements made by Coborn’s about her performance in her vocation or trade. IV. LEGAL ANALYSIS Although no party has raised the issue, the court must first consider whether and to what extent Thompto may assert tort claims for some of the wrongful conduct she alleges in light of the exclusive remedy provisions of Iowa Code Ch. 216 (1993). The court will then consider Cobom’s motion for partial summary judgment on Thompto’s claims of wrongful or retaliatory discharge, intentional infliction of emotional distress, and defamation. A. Tort Claims And Iowa Code Ch. 216 Iowa Code Chapter 216 (1993), formerly Iowa Code Chapter 601A (1991), 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 said that section 601A.16(1), now 216.16(1), renders the chapter’s remedies exclusive and preemptive. Greenland, 500 N.W.2d at 37; Grahek v. Voluntary Hosp. Co-op. 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 v. Ag Processing, Inc., 459 N.W.2d 627, 639 (Iowa 1990). The claims are not separate and independent when, under the facts of the case, success on the claim not brought under chapter 216 requires proof of discrimination. Greenland, 500 N.W.2d at 38. The Iowa Supreme Court has addressed the preemption issue in only a very few cases. The seminal case was Northrup v. Farmland Indus., Inc., 372 N.W.2d 193 (Iowa 1985). In Northrup, the court held that then chapter 601A provided the exclusive remedy for alleged wrongful discharge for alcoholism and the plaintiff’s independent common-law action for wrongful discharge could not be recognized. Id. at 197. However, the court 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 court clarified the holding in Northrup in Hamilton v. First Baptist Elderly Hous. 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.” Hamilton, 436 N.W.2d 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) (civil rights statute preempts claim of wrongful discharge in violation of public policy when the claim is premised on discriminatory acts, citing Hamilton). Similarly, in Vaughn v. Ag Processing, Inc., 459 N.W.2d 627 (Iowa 1990), the 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. Vaughn, 459 N.W.2d at 639. The court also held that a claim based on violation of criminal statutes was preempted. Id. at 638. However, the court 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 v. Voluntary Hosp. Co-op, 473 N.W.2d 31 (Iowa 1991), 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. However, the court 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 concluded that [s]inee 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 did find that the plaintiff’s 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 a recent case, the Iowa Supreme Court held that a claim of intentional infliction of emotional distress was preempted by chapter 601A because the plaintiff had to prove sexual discrimination to be successful in the emotional distress claim. Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993). 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 601A for discrimination on the basis of alcoholism. Northrup, 372 N.W.2d at 197-99. The court in Greenland noted that contrary to the plaintiff’s contentions, the 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 was never raised or considered in either appeal. Greenland, 500 N.W.2d at 38. In the present case, Thompto originally brought claims of age and sex discrimination under Iowa Code § 216, but has now withdrawn claims based on age discrimination. She has also asserted two common-law tort claims, wrongful discharge and intentional infliction of emotional distress, that appear from the complaint to be based at least in part on the same conduct Thompto has alleged was sexually discriminatory. In her complaint, in both Count V (wrongful or retaliatory discharge) and Count VII (intentional infliction of emotional distress), Thompto asserts that the tort claim is based on all of the preceding allegations, which include the allegations of sex discrimination. In light of the authorities cited above, Iowa Code § 216.6 provides the exclusive remedy for any portions of Thompto’s tort claims that are based on sex discrimination. However, Thompto has also alleged that both of her tort claims are based on conduct she has not asserted and the court does not find to be sexually discriminatory. Both tort claims are based at least in part on Coborn’s alleged termination of Thompto’s employment for inquiring about cancer insurance coverage and requesting an explanation for why the coverage was not available, and for threatening to get a lawyer to obtain that coverage or an explanation. It is not necessary to prove sex discrimination in this ease for Thompto to prevail on her common-law tort claims. Therefore, Cobom’s is entitled to summary judgment on Counts V and VII at this point only to the extent that those claims are based on sex discrimination for which the claim in Count II provides Thompto’s exclusive remedy. B. The Claim Of Wrongful Discharge In Violation Of Public Policy The court must next consider whether the conduct of Coborn’s alleged by Thompto that is not also alleged to be sexually discriminatory is sufficient to support a common-law claim of wrongful or retaliatory discharge. Thompto asserts that, although she was an at-will employee, she was wrongfully discharged in violation of public policy when Coborn’s fired her in retaliation for inquiring about cancer insurance coverage and requesting an explanation for why the coverage was unavailable and for threatening to consult a lawyer to obtain that coverage or an explanation. Coborn’s has moved for summary judgment in its favor on Thompto’s claim of wrongful or retaliatory discharge on the ground that the Iowa Supreme Court has never recognized a public policy exception protecting an at-will employee from termination on the basis of that employee’s inquiries concerning insurance coverage. Thompto resists summary judgment on this count on the ground that there is a genuine issue of material fact as to whether or not she was terminated for discriminatory or retaliatory reasons rather than for poor performance as alleged by Cobom’s, and on the ground that this court should recognize a public policy exception to termination of an at-will employee protecting her from termination for inquiring about cancer insurance coverage and requesting an explanation for why that coverage was unavailable, and for threatening to get a lawyer to obtain that coverage or an explanation. The Iowa Supreme Court was slow to recognize a cause of action for the wrongful discharge of an at-wül employee, instead relying on the general rule that an at-will employee may be terminated at any time, for any reason. See Abrisz v. Pulley Freight Lines, Inc., 270 N.W.2d 454, 455 (Iowa 1978); Harper v. Cedar Rapids Television Co., Inc., 244 N.W.2d 782, 791 (Iowa 1976); Allen v. Highway Equip. Co., 239 N.W.2d 135, 139 (Iowa 1976). In Northrup v. Farmland Indus., Inc., 372 N.W.2d 193 (Iowa 1985), the court stated that [tjhis court has never expressly recognized a public policy exception [to the employment at will doctrine], although we recently noted its increasing acceptance in other jurisdictions. [Citations omitted]. While we hinted in Abrisz that, under proper circumstances, we would recognize a common-law claim for a discharge violating public policy, we did not apply it there because the facts did not establish such a violation. We observed, moreover, that “[c]ourts should not declare conduct violative of public policy unless it is clearly so.” Abrisz, 270 N.W.2d at 456. It has been observed, in fact, that successful common-law claims for wrongful discharge have been based in large part on violations of independent statutory policy, not those established by court decisions. See Note, Protecting At-Will Employees [Against Wrongful Discharge: The Duty to Terminate Only in Good Faith], 93 Harv.L.Rev. at 1822-23. Northrup v. Farmland Indus., Inc., 372 N.W.2d 193, 196 (Iowa 1985). The court then went on to find an express public policy prohibiting discharges for “disabilities,” but held that a claim of wrongful discharge based on a disability was preempted by the exclusive remedies of Iowa Code Ch. 601A (now Iowa Code Ch. 216). Id. As in Abrisz, the court again refused to recognize a claim of wrongful discharge in violation of public policy in Haldeman v. Total Petroleum, Inc., 376 N.W.2d 98 (Iowa 1985), because “we simply observe that this case would not fall into such an exception.” 376 N.W.2d at 105. In Haldeman, the plaintiffs claim of wrongful discharge was based on her discharge as a cashier following discovery of “unexplained shortages.” Id. In Cross v. Lightolier Inc., 395 N.W.2d 844 (Iowa 1986), the Iowa Supreme Court recognized that jurisdictions were split on whether an action for wrongful discharge under a mandate of public policy is a contract or tort action. 395 N.W.2d at 849. However, the court upheld the trial court’s conclusion that plaintiffs claim of breach of an oral contract was a contract and not a tort claim, and reiterated that “[ejmployment at will ... cannot be used as a basis for an action for wrongful discharge or breach of employment contract.” Id. (quoting Haldeman, 376 N.W.2d at 105). It was not until 1988 that the Iowa Supreme Court recognized a cause of action for discharge that frustrates a well-recognized and defined public policy of the state in the case of Springer v. Weeks & Leo Co., Inc., 429 N.W.2d 558, 560 (Iowa 1988) (hereinafter Springer I). However, the cornet considered the cause of action to be one of tortious interference with a contract of hire. Springer I, 429 N.W.2d at 560. The court later concluded that this characterization “may have been misleading,” and cited cases clarifying the court’s development and refinement of the tort. Springer v. Weeks & Leo Co., Inc., 475 N.W.2d 630, 632-33 (Iowa 1991) (hereinafter Springer II). The court has construed Springer I as holding that if the discharge of an employee at will is in violation of public policy, the employee has a cause of action in tort against the employer. Smith v. Smithway Motor Xpress, Inc., 464 N.W.2d 682, 685 (Iowa 1990). See also Vaughn v. Ag Processing, Inc., 459 N.W.2d 627, 637 (Iowa 1990) (in Springer I, “the court recognized an at-will employee’s right to compensation for wrongful discharge in violation of a ‘clearly articulated public policy of this state’ ”); Fogel v. Trustees of Iowa College, 446 N.W.2d 451, 455 (Iowa 1989) (citing Springer I for the same proposition). As the law now stands in Iowa, the general rule is still that an at-will employee may be discharged at any time, for any reason, or no reason at all. Borschel v. City of Perry, 512 N.W.2d 565, 566 (Iowa 1994); Lara v. Thomas, 512 N.W.2d 777, 781 (Iowa 1994); French v. Foods, Inc., 495 N.W.2d 768, 769 (Iowa 1993); Grahek v. Voluntary Hosp. Co-op., 473 N.W.2d 31, 34 (Iowa 1991); Fogel, 446 N.W.2d at 455. The court has recognized two exceptions to this general rule in which a cause of action for wrongful discharge of an at-will employee will lie: The first is where the discharge is in clear violation of a “well-recognized and defined public policy of this state,” and the second is where a contract is created by an employer’s handbook or policy manual. Borschel, 512 N.W.2d at 566; French, 495 N.W.2d at 769-70; Fogel, 446 N.W.2d at 455. See also Lara, 512 N.W.2d at 782 (case involved “one of the exceptions,” discharge in violation of public policy); Grahek, 473 N.W.2d at 34 (“termination of an employment at-will is generally not actionable in the absence of discrimination or a public policy violation.”); Vaughn, 459 N.W.2d at 638 (public policy exception only discussed); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 355 (Iowa 1989) (public policy exception only discussed). The public policy exception is based on the theory that the law should not allow employees to be fired for reasons that violate public policy. Borschel, 512 N.W.2d at 567 (citing 82 Am. Jr.2d, Wrongful Discharge § 15, at 687 (1992)). Under the public policy exception, the Iowa Supreme Court has recognized causes of action for tortious discharge where an employer’s retaliatory discharge would conflict with certain legislatively declared goals. Lara, 512 N.W.2d at 782. Such policies may be expressed in the constitution and the statutes of the state, Borschel, 512 N.W.2d at 567 (citing 82 Am.Jr.2d, Wrongful Discharge § 19, at 692 (1992)), although enforcement of the tort based on some policies is preempted by enforcement under the statutes embodying those policies themselves: The legislature may explicitly prohibit the discharge of an employee who acts in accordance with a statutory right or duty. See, e.g., Iowa Code ch. 216 (1993) (civil rights statute transferred from Iowa Code ch. 601A). Discharge of an employee because of age, race, creed, color, sex, national origin, religion, or disability is an unfair employment practice. Iowa Code § 216.6. Remedies are provided employees who are discharged in violation of the statute. See Iowa Code § 216.15. Our civil rights statute, however, preempts an employee’s claim that the discharge was in violation of public policy when the claim is premised on discriminatory acts. Hamilton v. First Baptist Elderly Hous. Found, 436 N.W.2d 336, 341-42 (Iowa 1989). Borschel, 512 N.W.2d at 567-68. The Borschel court then identified the circumstances in which Iowa courts had found a public policy basis for the tort: In the absence of an express prohibition, the court of appeals found an implied cause of action for wrongful termination when the reason for discharge is the employee’s failure or refusal to violate a law in the course of employment. Wilcox v. Hy-Vee Food Stores, Inc., 458 N.W.2d 870, 872 (Iowa App.1990). The court of appeals found that the -violation of a statute prohibiting an employer from requiring an employee to take a polygraph examination was a violation of public policy, thus a private cause of action existed. Id. at 872. At the time the claim arose the statute did not expressly allow for a cause of action. This statute was later amended to so provide. Id. Also we have found an implied prohibition against retaliatory discharge based on an employee’s exercise of a right conferred by a clearly articulated legislative enactment. See Lara v. Thomas, 512 N.W.2d 777, 780 (Iowa 1994) (discharge in retaliation for filing partial unemployment claim); Niblo v. Parr Mfg., Inc., 445 N.W.2d 351, 353 (Iowa 1989) (employee discharged because she threatened to file a workers’ compensation claim); Springer [I], 429 N.W.2d at 560 (cause of action exists when the employee’s discharge serves to frustrate the public policy expressed in the workers’ compensation statute). Borschel, 512 N.W.2d at 568. A wrongful or retaliatory discharge in violation of public policy is therefore an intentional wrong committed by the employer against an employee who chooses to exercise some substantial right. Niblo, 445 N.W.2d at 355 (citing Perks v. Firestone Tire & Rubber Co., 611 F.2d 1363, 1366 (3d Cir.1979)). The remedy for the tort should be for the employee’s complete injury, including out-of-pocket loss of income and causally connected emotional harm. Id. Thompto asserts that this court should recognize public policy exceptions to the at-will employment doctrine in this case. She asserts that her termination for inquiring about cancer insurance coverage to which she believed she was entitled, and requesting an explanation of why it was unavailable, violated public policy. She also appears to assert that her termination for threatening to get a lawyer to assist her in obtaining the cancer insurance coverage or an explanation of why it was unavailable violated public policy. However, Thompto has not identified any clear articulation of these two public policies of the state of Iowa upon which this court could base such exceptions to the employment at-will doctrine. Coborn’s argues that the Iowa Supreme Court has never recognized either of the public policy exceptions Thompto asserts. The court will conduct its own examination of whether clear articulations of public policy of the state of Iowa support Thompto’s assertions of exceptions to the at-will employment doctrine in her case. 1. Public Policy And Inquiries About Insurance Benefits Thompto has identified no clear articulation of the public policy of this state that would create an exception to the at-will employment doctrine for an employee who asserts that her termination was the result of inquires about cancer insurance coverage she believed she had been promised by her employer and requesting an explanation of why that insurance coverage was not available. Thompto may be asserting that her situation is analogous to that of an employee who is fired for asserting or inquiring about filing claims for workers’ compensation benefits or unemployment benefits. The Iowa Supreme Court has recognized that public policy provides an exception to the at-will employment doctrine for employees in these situations. See Borschel, 512 N.W.2d at 568; Lara, 512 N.W.2d at 780 (discharge in retaliation for filing partial unemployment claim); Niblo, 445 N.W.2d at 358 (employee discharged because she threatened to file a workers’ compensation claim). An important distinction between filing claims for workers’ compensation and unemployment benefits and claims for health insurance benefits is that workers’ compensation and unemployment schemes are legislatively mandated. However, the Iowa Supreme Court has never considered the question of whether inquiries about or filing claims for other kinds of insurance that do not stem from legislative mandates would also provide a public policy exception. In the only eases the court has located that consider the question, the answer has been no. See, e.g., Shearson Lehman Bros., Inc. v. Hedrick, 266 Ill.App.3d 24, 203 Ill.Dec. 189, 194, 639 N.E.2d 228, 233 (1994) (terminating an employee for submitting an insurance claim under the health insurance plan provided by the employer is a “purely private matter” for which a wrongful discharge action will not lie, citing Price v. Carmack Datsun, Inc., 109 Ill.2d 65, 68-69, 92 Ill.Dec. 548, 550, 485 N.E.2d 359, 361 (1985)). This court is nonetheless persuaded that Iowa does have a clearly articulated public policy which would allow a claim of wrongful discharge to lie based upon the circumstances Thompto has alleged concerning her inquiries about insurance coverage and request for an explanation of why coverage was not available. The first source of such a public policy is to be found in the Iowa Wage Payment Collection Act, Iowa Code Ch. 91A. Iowa Code § 91A.5 provides in pertinent part that 1. An employer shall not withhold or divert any portion of an employee’s wage unless: a. The employer is required or permitted to do so by state or federal law or by order of a court of competent jurisdiction; or b. The employer has written authorization from the employee to so deduct for any lawful purpose accruing to the benefit of the employee. Iowa Code § 91A.5(1). As a result of this requirement that an employer make only authorized deductions, under Iowa Code § 91A.6, an employee has a right to demand an accounting of deductions: 3. Within ten working days of a request by an employee, an employer shall furnish to the employee a written, itemized statement listing the earnings and deductions made from the wages for each pay period in which the deductions were made together with an explanation of how the wages and deductions were computed____ Iowa Code § 91A.6(3). Thompto made such a demand for an accounting and explanation of the deductions from her paycheck for cancer insurance and why she did not receive the coverage those deductions were purports edly meant to provide. The legislature, by providing for demands for accounting and explanation, clearly articulated a policy that an employee not be fired for making such a demand or inquiry. Although the Iowa Wage Payment Collection Act provides for its own remedial procedures in Iowa Code § 91A.10 for employees who seek to recover unpaid wages and are discharged in retaliation, that remedy does not preclude Thompto’s tort claims here. The wrong of which Thompto complains is not failure to pay wages or retaliation for a claim for unpaid wages, for which Iowa Code Ch. 91A provides a remedy. Thompto has already been reimbursed for the deductions erroneously made for cancer insurance. Thompto’s complaint is that she was discharged for making the inquiries provided for in Iowa Code § 91A.6(3). The court concludes that Thompto’s remedy for discharge violating the legislative policy embodied in Iowa Code § 91A.6(3), that employees have a right to inquire about and demand explanations for deductions from their wages, is a tort action for wrongful discharge. A second legislative enactment provides a clear articulation of Iowa public policy that protects Thompto from discharge in the circumstances alleged here. In the context of an employee’s benefits under a group health insurance plan, Iowa Code § 509B.5 provides that employers shall be. hable for failure to provide insurance benefits for which they have collected- contributions through payroll deductions: 4. The employer or group policyholder is also solely hable for benefits, including extended benefits, which would have been payable had the accident or health insurance been in force and the employees or members been covered by the accident or health insurance during a period of time for which the employer or group policyholder has collected contributions through payroll, withholding, or otherwise, but has .failed to enroll the employees or members, unless the employer or group policyholder has given actual notice that enrollment in the plan will not become effective until a later date or until the employee’s or member’s application for enrollment has been approved. Iowa Code § 509B.5(4). Although Coborn’s asserts that the cancer insurance at issue here was not a group policy provided to employees as a benefit, there is at least a genuine issue of material fact as to whether or not the cancer insurance was represented to Thompto as a group insurance employment benefit and whether or not Thompto was informed that she had to take any further steps to complete her application for this insurance. Iowa Code § 509B.5(4) is a clear articulation of Iowa .public policy that an employer may not collect premiums for insurance without properly enrolling employees in that insurance or advising the employees of what steps they must take to become properly enrolled. That public policy would be violated by discharging an employee who inquires about or asserts a right to insurance benefits she reasonably believed were provided as a benefit of employment and for which deductions had been made from her paycheck by the employer. The court concludes that clearly articulated public policies of Iowa provide an exception to the at-will employment doctrine in the circumstances Thompto has alleged concerning her inquiries about cancer insurance benefits and requests for an explanation of why the coverage was unavailable. Coborn’s motion for summary judgment on Thompto’s claim of wrongful discharge in violation of public policy must therefore be denied to the extent the claim is founded on alleged termination for inquiring about cancer insurance benefits and requesting an explanation of why the benefits were not available. 2. Public Policy And Threats To Consult An Attorney Thompto’s claim of wrongful discharge also requires the court to consider whether there is a public policy exception to the employment at-will doctrine for an employee who was allegedly discharged for threatening to “get a lawyer” — that is, to consult a lawyer — concerning a dispute with an employer. Again, Thompto has not pro-vided any foundation for finding such a public policy, but the court believes that it is fundamental that such public policy exists. First, because the court finds fewer legislative statements of public policy pertinent to this issue, the court must consider whether there are other proper sources of such a public policy. Although the Iowa Supreme Court has stated that causes of action for tortious discharge in violation of public policy rest on “certain legislatively declared goals,” Lara, 512 N.W.2d at 782, and that “[s]uch policies may be expressed in the constitution and the statutes of the state,” Borschel, 512 N.W.2d at 567 (citing 82 Am.Jr.2d, Wrongful Discharge § 19, at 692 (1992)), this court does not read these cases as suggesting that legislative pronouncements or the state constitution itself are the sole sources of public policy. The language of Borschel, “may be expressed,” is permissive, not mandatory. A number of other jurisdictions have found public policy to be articulated in the judicial decisions of the state’s courts. In the seminal ease finding a public policy exception to the employment at-will doctrine, the Illinois Supreme Court held that a “clearly mandated public policy ... is to be found in the State’s constitution and statutes and, when they are silent, in its judicial decisions.” Palmateer v. Int’l Harvester Co., 85 Ill.2d 124, 130, 52 Ill.Dec. 115, 421 N.E.2d 876, 878 (1981) (citations omitted). The public policy “must strike at the heart of a citizen’s social rights, duties, and responsibilities before the tort will be allowed.” Id. It “concerns what is right and just and what affects the citizens of the State collectively.” Id. Other courts have characterized public policy as being violated by that which “had a tendency to be injurious to the public, or against the public good.” Parnar v. Americana Hotels, Inc., 65 Haw. 370, 379, 652 P.2d 625, 631 (1982); In Re Adoption of M.M. a/k/a N.L.M., 652 P.2d 974 (Wyo.1982). Finding few legislative statements directly on point, this court will also look to judicial declarations and decide if they articulate public policy by “strik[ing] at the heart” of a citizen’s rights and duties or concern “what is right and just,” and will consider whether public policy has been violated by acts “injurious to the public, or against the public good.” There is no right to counsel in a civil case articulated under Iowa law except in certain limited circumstances not present here. See, e.g., Phillips v. Iowa Dist. Court for Johnson County, 380 N.W.2d 706, 708 (Iowa 1986) (contempt proceedings are “quasi-eriminal” and therefore an indigent has a constitutional right to appointment of counsel when “predictive evaluation” suggests that contempt citation may result in jail term, citing McNabb v. Osmundson, 315 N.W.2d 9, 11-14 (Iowa 1982)); State ex rel. Hamilton v. Snodgrass, 325 N.W.2d 740, 742 (Iowa 1982) (right to counsel in paternity action, listing factors applicable to determination of whether indigent has a right to counsel in noncriminal proceedings). New courts have addressed the related but much broader question of whether public policy is violated when an employer interferes with an employee’s prosecution of litigation, finding wrongful action by the employer only in circumstances also not present here. Courts have also consistently held that no public policy is violated when an employer discharges an at-will employee for filing suit against the employer, unless fifing suit is specifically protected by, for example, the workers compensation scheme of the state. Although the court does not necessarily agree with those decisions holding that no public policy is violated when an employee is discharged for filing suit against his or her employer, the court need not and does not reach that issue in the present case. Rather, the court here is confronted with the much narrower question of whether public policy is violated by discharge of an employee for stating an intention to consult an attorney concerning a dispute with an employer. The court concludes that this case presents one of the extremely narrow set of circumstances in which the Iowa court would recognize a violation of public policy by the employer’s actions. The Iowa Supreme Court has always reserved to itself the inherent power to regulate the legal profession in this state, See, e.g., Matter of Peterson, 439 N.W.2d 165, 166 (Iowa 1989); Sonksen v. Legal Serv. Corp., 389 N.W.2d 386, 388 (Iowa 1986); Comm. on Professional Ethics & Conduct v. Michelson, 345 N.W.2d 112, 115 (Iowa 1984); Comm. on Professional Ethics & Conduct v. Gartin, 272 N.W.2d 485, 487 (Iowa 1978); Comm. on Professional Ethics & Conduct v. Toomey, 236 N.W.2d 39, 40 (Iowa 1975); Comm. on Professional Ethics & Conduct v. Bromwell, 221 N.W.2d 777, 780 (Iowa 1974), and the Iowa legislature has recognized that power by reposing in the Iowa Supreme Court the power to admit persons to practice, Iowa Code § 602.10101; Peterson, 439 N.W.2d at 166, and to revoke a person’s license to practice. Iowa Code § 602.10121. Towards the end of properly regulating the profession, the Iowa Supreme Court has adopted the Code of Professional Responsibility, the preamble of which states: The continued existence of a free and democratic society depends upon recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual and the capacity through reason for enlightened self-government. Law so grounded makes justice possible, for only through such law does the dignity of the individual attain respect and protection. Without it, individual rights become subject to unrestrained power, respect for law is destroyed, and rational self-government is impossible. Lawyers, as guardians of the law, play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system. A consequent obligation of lawyers is to maintain the highest standards of ethical conduct. Code of Professional Responsibility, Preamble. Ethical Consideration EC 1-1 of the Code of Professional Responsibility states that [a] basic tenet of the professional responsibility of lawyers is that every person in our society should have ready access to the independent professional services of a lawyer of integrity and competence. Maintaining the integrity and improving the competence of the bar to meet the highest standards is the ethical responsibility of every lawyer. Code of Professional Responsibility, EC 1-1. Thus the Code of Professional Responsibility articulates the public policy that citizens of the state should have access to professional legal services. The nature of those services is further clarified by Ethical Consideration EC 2-1: The need of members of the public for legal services is met only if they recognize their legal problems, appreciate the importance of seeking legal assistance, and are able to