Joan Sheehan, Formerly Known as Joan Wycoff v. United States

Joan Sheehan appeals (1) the grant of summary judgment for the government on Sheehan’s claim under the Federal Tort Claims Act (“FTCA”) for intentional infliction of emotional distress, on the ground that recovery for this tort is excluded from FTCA by 28 U.S.C. § 2680 (h), and (2) the dismissal of her claim under that act for negligent infliction of emotional distress on the ground that recovery under FTCA for this tort is preempted by the Federal Employees Compensation Act (“FECA”). We reverse.

Sheehan was an Army civilian employee at the Presidio in San Francisco. Clifton Hunt was her supervisor. Sheehan asserts (1) Hunt subjected her to unwanted sexual advances, conditioned employment decisions on submission to such advances, and attempted to fire her when she complained; (2) after she rejected his advances Hunt slandered her, had her assigned to undesirable projects, created a hostile work environment, and prevented her promotion; and (3) her supervisors did not take action against Hunt even after she complained, but instead suggested she transfer to another job and sought to dissuade her from seeking other relief.

Sheehan sued the United States under FTCA. Sheehan’s first…