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IN THE COURT OF APPEALS OF IOWA No. 9-920 / 09-0311 Filed December 30, 2009

DAVID QUICK, Plaintiff-Appellant, vs. EMCO ENTERPRISES, INC. and ANDERSEN CORPORATION, Defendants-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.

David Quick appeals from summary judgment entered in favor of defendants, dismissing his cause of action for discrimination against his employer. AFFIRMED.

Thomas A. Newkirk and Jill M. Zwagerman of Newkirk Law Firm, P.L.C., Des Moines, for appellant. James R. Swanger and Christopher McDonald of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, for appellees.

Considered by Eisenhauer, P.J., Potterfield, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

2 POTTERFIELD, J. David Quick appeals from summary judgment entered in favor of defendants, EMCO Enterprises, Inc. and Andersen Corporation, dismissing his cause of action for discrimination against his employer. I. Background Facts & Proceedings. In April 2003, David Quick began working as a customer service representative for EMCO, a wholly owned subsidiary of Andersen Corporation. In September 2004, Quick filed with the Des Moines Human Rights Commission (city commission) a complaint against EMCO alleging EMCO discriminated against him based upon his sexual orientation. In July 2005, Quick filed another complaint with the city commission alleging EMCO harassed and retaliated against him for filing his previous sexual orientation discrimination claim. In July 2006, Quick requested the city commission issue administrative releases/right-tosue letters on both complaints. The city commission did so in August 2006. In June 2006, Quick filed with the Iowa Civil Rights Commission (state commission) a complaint against EMCO alleging EMCO discriminated against him on the basis of his sex. 1 The state commission issued an administrative release/right-to-sue letter on August 14, 2006.

1

In 2006 the Iowa Civil Rights Act did not include sexual orientation or gender identity as protected classes. See, e.g., Iowa Code

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