Baker v. John Morrell & Co., 03-2680.

• Decision Date: 03 September 2004
• Docket Number: No. 03-2680.,03-2680.
• Citation: 382 F.3d 816
• Parties: Rita Lynn BAKER, Plaintiff-Appellee, v. JOHN MORRELL & CO., Defendant-Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

382 F.3d 816

Rita Lynn BAKER, Plaintiff-Appellee, v. JOHN MORRELL & CO., Defendant-Appellant.

No. 03-2680.

United States Court of Appeals, Eighth Circuit.

Submitted: April 15, 2004.

Filed: September 3, 2004.

Rehearing and Rehearing En Banc Denied October 29, 2004.

Appeal from the United States District Court for the Northern District of Iowa, Mark W. Bennett, Chief Judge.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Leslie R. Stellman, argued, Towson, MD (Eric W. Gunderson, Towson, MD, Scott C. Folkers, Sioux Falls, SD on the brief), for appellant.

Stanley E. Munger, argued, Sioux City, IA (Jay E. Denne, Sioux City, IA, on the brief), for appellee.

Before LOKEN, Chief Judge, BYE, Circuit Judge, and MAGNUSON, District Judge.¹

BYE, Circuit Judge.

Rita Lynn Baker sued her former employer John Morrell & Company alleging sexual harassment, hostile work environment, retaliation, disparate treatment, and constructive discharge, all in violation of Title VII of the Civil Rights Act of 1964. 42 U.S.C. §§ 2000e to 2000e-17. A jury found in favor of Baker on her sexual harassment, hostile work environment and retaliation claims and found she had been constructively discharged. The jury awarded $839,470 in compensatory damages, $33,314 in back pay and $650,000 in punitive damages. The district court² awarded $174,927 in attorney's fees and costs, as well as $38,921 in front pay. Morrell now appeals the district court's 1) denial of its motion for judgment as a matter of law (JAML), 2) order awarding attorney's fees and costs, and 3) order granting Baker's motion to amend her complaint after the verdict to include a claim under the Iowa Civil Rights Act (ICRA). Iowa Code ch. 216. We affirm.

I

The facts, viewed in the light most favorable to the verdict, Keenan v. Computer Assocs. Int'l, 13 F.3d 1266, 1268 (8th Cir.1994), reveal the following.

Baker began working at the Morrell meat packing plant in Sioux City, Iowa on October 2, 1984, as a Computer Scale Operator. She worked for the company until April 2001, when she took an extended medical leave. During her employment with Morrell, Baker worked on a production line with, among others, Jeff Eichmann, a/k/a "Eight-Ball."

At trial, several Morrell employees testified about problems they personally encountered or observed involving Eichmann. For example, co-worker, Kay Nilson, testified:

A: [Eichmann] called me like a fat cow or an elephant.... I took him to the office, he'd say, I didn't do that. I said, Jeff, you're lying, and you know you're lying. And he would argue with me.

* * * * * *

Q: Did you ever learn he was disciplined?

A: No, I don't think he ever was disciplined because it didn't stop. It just continued, and if it wasn't me, it was one or two or six other people.

Q: Now the people that he was treating this way, were they primarily men or primarily women?

A: I saw a lot of it with the women. I saw a lot of it with the women. I know of two women, two other women besides Rita and myself, that took Jeff up to the office.

Nilson first complained about Eichmann to her foreman and then to Steve Joyce, Director of Human Resources, but Morrell never addressed the problem. Nilson testified sexually discriminatory comments and actions were commonplace in the Morrell lunch room and in front of management. Nilson also observed Eichmann treat Baker the same way.

Georgia Risley also worked at Morrell with Eichmann and he called her a "wine tit" and a "fucking scab bitch." Risley complained to her foreman, her union representative and to Human Resources, but nothing was done. Risley testified Eichmann harassed females in front of management and called a female manager a "Mexican low life fucking cunt." Joyce responded to Risley's complaints by saying she and Eichmann should quit acting like kids. Risley also testified she saw Eichmann rub up against Baker:

A: Eight-Ball was always trying to rub up against anybody and everybody, especially Rita.... It's where you — instead of taking and putting your backs together and walking past somebody, it's called put your front to her back and rub up.

* * * * * *

A: He would come in behind her, and he would go (demonstrating) to her. Whether he got close enough to touch her was not always the case, but he would do it.

Q: What you're saying is kind of a hip thrust into towards her behind?

A: Yes, sir.

Q: And his hands up in the air kind of squeezing together while he's doing that?

A: As in to pull into.

Q: As if he was grabbing her and pulling her into him.

A: Uh-huh.

Debra Canady, a former co-worker, left Morrell after ten years because of the sexual harassment she experienced. Canady described frequent lewd behavior toward women in the plant and in the lunch room. She complained to Joyce about the work environment but Morrell took no action. Canady also noticed Eichmann was allowed much longer breaks than Baker.

Co-worker Colleen Loza testified Eichmann would "throw boxes at [her] and call [her] a fucking bitch." She observed Eichmann singled out women for his harassment and talked frequently about "blow jobs." She also saw Eichmann throw boxes at Baker and heard him call her a "bitch, fucking bitch" all the time.

In July 1995, Eichmann began harassing Baker after a close friend of her's died. Eichmann worked downstream from Baker on the production line and harassed her that day, saying, "My friend died, boo-hoo," and made moaning and crying sounds. He also caused the production line to backup and stop. Baker testified she pushed the boxes off to the right of the scale downstream towards Eichmann and he shoved them back at her and made crying and moaning sounds. Baker asked her foreman Ron Ridge to make him stop, but Ridge did nothing so she asked to see Joyce. After Baker met with Joyce, things improved for a brief period.

During the summer of 1995, Baker developed medical problems and as a result frequently asked Ridge for a break to use the bathroom. When she did, Eichmann would mock her in front of Ridge saying "I gotta pee, I gotta pee, my friend died, boo-hoo." Baker testified: "I was having menstrual problems, and it was pretty degrading standing there and listening to it and waiting to get to go the bathroom." Baker was often forced to wait 30-45 minutes to use the bathroom, while male co-workers, including Eichmann and Brian Murphy, did not have to wait. Eichmann's mocking occurred throughout 1996 and most of 1997 despite Baker's continued complaints to Ridge and Joyce. In August of 1996, Baker reported to Joyce that Ridge was not providing her with access to the bathroom and as a result she menstruated through her pants. Baker's co-worker, Gloria Windle, corroborated Baker's testimony and stated the bathroom problem with Ridge was never resolved.

In October 1996, Baker had a hysterectomy. Originally, Baker planned to pursue a non-surgical alternative, but after learning the process could take several months to a year she opted for surgery to avoid further mocking from Eichmann. Baker told Joyce why she had a hysterectomy. In February 1997, four months after her hysterectomy, Baker was released to go back to her work with directions from her doctor to use the bathroom frequently. Baker testified when she asked to use the bathroom Eichmann would say, "I gotta pee, I gotta pee," and Ridge sometimes crossed his legs as if he "were trying to hold it." Baker again complained to Joyce and things improved briefly. Baker's medical problems, however, had became common knowledge among her co-workers by then and the bathroom issue was never fully resolved. For example, in March 1997, Baker told Ridge she had to use the bathroom and Ridge got onto the conveyer belt in front of Eichmann and Baker and rode it with his legs crossed to Baker's scale. Ridge continued to deny Baker access to the bathroom until the beginning of 1998 when Ridge transferred to the maintenance department. Baker's new supervisor allowed Baker to use the bathroom when she asked.

In the summer of 1997, a co-worker suggested Baker hire Eichmann to fix her vehicle in an effort to improve their working relationship. Baker agreed and asked Eichmann to meet at her home. While at Baker's home, Eichmann played briefly with the family cat. Later, he told co-worker Brian Murphy and another employee he had been to Baker's home and "played with [her] pussy and it was black."

In July 1998, Baker's dog died and she took the day off. The next day, Eichmann again mocked her, saying, "My dog died, I have to go home, I gotta pee." Baker complained to Joyce who said he would talk to Eichmann. For a week or two following her complaint the harassment stopped.

In October 1998, Roy Baker, Rita's brother, saw Joyce at a store in Sioux City. Roy told Joyce there was a serious issue concerning his sister. He explained what Eichmann and Ridge were doing and told Joyce he believed harassment and discrimination laws were being broken. Nevertheless, throughout 1998, Eichmann continued to direct sexually suggestive and offensive remarks and actions at Baker. Eichmann repeatedly called her a "fucking idiot" or "dumb bitch." On one occasion, Eichmann told two male co-workers Baker was at his house in his bedroom. Another time, Baker told Eichmann to turn the line on and he told her "blow me bitch." Baker testified when Eichmann "would say something or yell or make a comment and then he would take his hands and grind his groin area" while he was right beside her.

After Roy Baker's conversation with Joyce, Rita and Roy talked about her work situation. Roy testified Baker said Eichmann continued to harass her but she was afraid to pursue the matter. Roy also testified Baker experienced breathing difficulties and panic attacks as a result of her work situation. "She would shake like — almost like a vibrator would be hooked to her because she would become so upset about what was happening there and nothing being done."

Baker testified that prior to ...