Federal trial to examine whether federal judge created hostile work environment

A federal trial expected to begin Monday will examine whether the nation's youngest federal judge created a hostile work environment while serving as the top prosecutor in the Northern District of Iowa, based in Cedar Rapids.

Martha Fagg, then a 13-year veteran Assistant U.S. Attorney, alleges Stephanie Rose had a negative and hostile response to Fagg when she expressed concern that Rose may have committed age discrimination while making personnel decisions and assignments shortly after she took office in December 2009.

Fagg brought her concerns about age discrimination to Rose after Rose demoted 60-year-old Larry Kudej from his position as Civil Chief -- which he'd held for 16 years -- and replaced him with  35-year-old Teresa Baumann, court records show.

The original complaint, filed in March 2012, said Rose and Baumann then began retaliating against Fagg. The retaliation included holding Fagg to a higher level of scrutiny, taking her off significant case work, removing her legal assistant and temporarily transferring her to another office without reimbursing her for the expense, court records show. The retaliation eventually led to the removal of Fagg from the department.

The complaint said this caused Fagg stress, anxiety and other health problems, for which she was hospitalized and periodically treated.

Rose was sworn in as the first female judge in Iowa's Southern District in November 2012.

Federal officials deny the hostile work environment, removal of Fagg from significant case work as a result of expressing her concerns or that a transfer from Sioux City to Cedar Rapids was unjustified, court records show.

The trial will be held Monday, Dec. 2 at 9 a.m. in Sioux City.