Baty v. Willamette Industries, Inc., s. 97-3299
| Decision Date | 07 April 1999 |
| Docket Number | 97-3305,Nos. 97-3299,s. 97-3299 |
| Citation | 172 F.3d 1232 |
| Parties | 79 Fair Empl.Prac.Cas. (BNA) 1451, 1999 CJ C.A.R. 2151 Patricia BATY, Plaintiff-Appellee/Cross-Appellant, v. WILLAMETTE INDUSTRIES, INC., Defendant--Appellant/Cross-Appellee. Center For Individual Rights, Amicus Curiae. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Rody P. Biggert (William F. Dugan with him on the briefs), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Illinois, for appellant/cross-appellee.
Steven M. Sprenger, Sprenger & McCreight, L.C., Kansas City, Kansas (Scott A. McCreight, Sprenger & McCreight, L.C., Kansas City, Kansas, and Stephen R. McAllister, University of Kansas School of Law, Lawrence, Kansas, with him on the briefs) for appellee/cross-appellant.
Hans Bader, Center for Individual Rights, on the amicus curiae brief for the Center for Individual Rights.
Before ANDERSON, and McWILLIAMS, Circuit Judges, and COOK, * District Judge.
Patricia Baty brought a Title VII action against her former employer, Willamette Industries, Inc., alleging hostile work environment sexual harassment, quid pro quo sexual harassment, retaliatory discharge, and various state law claims. Her hostile work environment and retaliation claims were tried to a jury, which awarded her a total of $145,000 in compensatory damages, $1 million in punitive damages, $40,000 in back pay and $165,000 in front pay on her two claims.
In ruling on Willamette's post-verdict motions for judgment as a matter of law or, alternatively, for a new trial or remittitur, the district court ultimately reduced the damages awarded Ms. Baty on both claims to $300,000 in compensatory and punitive damages, $38,063 in back pay, and $22,420 in front pay, for a total of $360,483. Willamette appeals that award, arguing it should be reversed or, alternatively, further reduced, or that the case should be remanded for a new trial. Ms. Baty cross-appeals, arguing that we should reverse the district court's award of $300,000 in compensatory and punitive damages and enter an award of $600,000. She further argues that, should we reverse the sexual harassment verdict and reduce the damages awarded, we should also reverse the district court's conclusion that she failed to establish a "continuing violation" and remand for a new trial on her sexual harassment claim. We affirm.
On April 12, 1995, Ms. Baty filed her administrative charge with the United States Equal Employment Opportunity Commission ("EEOC") alleging Title VII violations. Because the district court found that she failed to establish a "continuing violation," the court held that she could not receive compensation for incidents occurring before June 16, 1994, the date 300 days before she filed her charge. 1 The court permitted the jury to hear evidence of the pre-June 16, 1994, incidents, however, to establish Willamette's knowledge of the harassment, the unreasonableness of Willamette's response to the post-June 16, 1994, harassment, to show Ms. Baty's good faith and as evidence of a retaliatory motive in terminating Ms. Baty. See Baty v. Willamette Indus., Inc., 985 F.Supp. 987, 997 (D.Kan.1997). For purposes of this fact recitation, we therefore divide the alleged incidents of sexual harassment into those occurring before June 16, 1994, and those occurring after that date.
In October 1993, Ms. Baty began working for Willamette as a temporary employee at its Kansas City, Kansas, corrugated box plant. Her supervisors were plant manager Dale McGinnis and his brother, plant superintendent Ralph McGinnis. In November 1993, she worked near Chuck Elliott, who made various sexual comments to Ms. Baty, including: that "[she] had his wife beat in the boob department"; that she had a "nice butt"; that he would like to "fuck [her] brains out." Appellee's Supp.App. Vol. I at 62. She reported these incidents to Dale McGinnis. While Ms. Baty was in his office, Dale McGinnis showed her a small statue of a monkey and demonstrated its retractable penis. Ms. Baty also observed in Dale's office a poster of a "half naked, clad in a bikini, woman." Id. at 63.
Ms. Baty testified that Mr. Elliot's comments continued following her complaint. In late November 1993, Mr. Elliot informed Ms. Baty that there was graffiti on the men's bathroom wall suggesting that Mr. Elliot and Ms. Baty were having a sexual affair. She again reported the incident to Dale McGinnis, who said "it would be taken care of." Id. at 65.
From late December 1993 through January 1994, Ms. Baty worked near Ron Thurston. Mr. Thurston made various sexual comments to Ms. Baty, including "what turned [her] on, what made [her] hot," and what her attitude toward oral sex was. Id. at 66-68. Ms. Baty testified she heard Mr. Thurston make comments to others about her physical appearance. Id. at 67. Ms. Baty reported these comments to Jim Beshears, Mr. Thurston's supervisor, who told her that he "would speak with [Mr. Thurston], and if it did not stop to let him know." Id. at 68.
During this same time period, Ms. Baty's supervisor, Ralph McGinnis, put his arm around Ms. Baty's waist, slid his hand up and grabbed her breast, and invited her to have drinks at a local bar. She declined, and complained about the incident to Dale McGinnis, who told her that he would talk to his brother, Ralph, that Ralph "got a little over zealous, a little over obnoxious sometimes, and not to take him too seriously." Id. at 74.
On April 1, 1994, Willamette offered Ms. Baty a full-time supervisor trainee position, which she accepted. In the first weeks of April 1994, Ralph McGinnis on two occasions again invited Ms. Baty out for drinks, which she declined. After the second invitation, she complained to Dale McGinnis, who said he "would take care of it." Id. at 81.
In mid to late April, Ms. Baty heard maintenance supervisor Steve Harper say, Id. at 82. Ms. Baty reported this comment to Dale McGinnis. She testified that thereafter, Willamette's male employees referred to Ms. Baty on numerous occasions as "bouncing Betty" and "flopping Frieda." Id. at 87-88. In late April or early May 1994, Mr. Harper gave Ms. Baty a "performance evaluation form" containing sexual content. Dale McGinnis soon thereafter told Ms. Baty that Mr. Harper had told a group of co-workers at a bar that he thought he could "fuck" Ms. Baty. Id. at 87.
On several other occasions, Dale McGinnis asked Ms. Baty about her sunbathing activities, what kind of swim suit she wore, and told her he would like to watch her tan. On another occasion he referred to Ms. Baty's cigarettes under her blouse as a "third tit" and offered to retrieve them. Id. at 92. He also distributed to Ms. Baty and other female employees a "Chinese menu" with sexually explicit and demeaning phrases.
The Willamette employees testified, generally, either that the incidents Ms. Baty related did not occur, or that Ms. Baty was a willing participant in any sexually oriented conversations or conduct.
The district court described the post-June 16, 1994 incidents at the plant as follows:
(1) Other employees called plaintiff "bouncing Betty" or "flopping Frieda" in reference to her breasts "very numerous times, all the way up till the day [she] left the place" on November 21, 1994. (2) Between the first of June and mid-July in 1994, graffiti about plaintiff appeared on a wall in a men's bathroom at the plant where plaintiff worked. [Mr.] Elliott ... told plaintiff about the graffiti and stated to her, "Well, you fucked me and--and now you fucked Dale ... and now Justin [Marco, another employee]." (3) From July through September of 1994, graffiti appeared "numerous times" in the men's room. Examples of the graffiti included "Patty gives good head, ask Dale McGinnis;" "Patty gives good head, ask Ralph McGinnis;" "Patty three, union one;" "Patty sucks a big dick;" "Patty sucks a good dick, just ask Ralph;" and "Patty sucks a big dick." On a couple of occasions after she was told about the graffiti, plaintiff was permitted to go [to] the men's room to observe it for herself. (4) On August 18, 1994, plaintiff was told about graffiti in the plant's oil room, in foot-high yellow letters, stating "Patty blew me here." (5) Until September of 1994, a large number of employees made comments to plaintiff about the various graffiti. Plaintiff testified that "it was just general shop talk at that point to make fun of it." In general, the employees "wanted to know if [plaintiff] performed the acts that were listed on the bathroom wall." Plaintiff's co-workers asked her such questions as "Do you really do things like that?", "Is that how you got your job?" and "Did you fuck your way to the top?" (6) In July of 1994, Ron Thurston ... "again started in with his 'what made me hot' comments and--and telling [plaintiff] how good [she] looked, [she] looked good enough to eat." Mr. Thurston "[i]nformed [plaintiff] that he had had his wife shave his crotch because she ended up with pubic hair in her teeth," and made other comments "of that nature." (7) On August 18, plaintiff endured more "verbal abuse" from Thurston:
Baty, 985 F.Supp. at 992 (alterations modified) (footnotes omitted).
In response to these incidents, Willamette took the following action: After being told by Mr. Elliot that there was graffiti concerning herself and Mr. Elliott, Ms. Baty reported this fact to Dale McGinnis, who told her "it would be taken care of." Appellee's Supp.App....
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