Brooms v. Regal Tube Co.
| Decision Date | 04 August 1989 |
| Docket Number | Nos. 87-2362,87-2558,87-2559,87-2522,s. 87-2362 |
| Citation | 881 F.2d 412 |
| Parties | 50 Fair Empl.Prac.Cas. 1499, 54 Empl. Prac. Dec. P 40,245, 58 USLW 2122 Helen BROOMS, Plaintiff-Appellant, Cross-Appellee, v. REGAL TUBE COMPANY, Copperweld Corporation and Charles Gustafson, Defendants-Appellees, Cross-Appellants. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Robin B. Potter, Potter & Schaffner, Chicago, Ill., for plaintiff-appellant, cross-appellee in Nos. 87-2362 and 87-2522.
Patricia A. Brandin, Seyfarth Shaw Fairweather & Geraldson, J. Stephen Poor, Chicago, Ill., John M. Kennelly, John M. Kennelly, P.C., Oak Park, Ill., for defendants-appellees, cross-appellants in Nos. 87-2362 and 87-2522.
Charles A. Shanor, Equal Employment Opportunity Com'n, Washington, D.C., for amicus curiae.
Robin B. Potter, Potter & Schaffner, Chicago, Ill., Charles Pressman, Bertrand A. Rice, Chicago, Ill., John M. Kennelly, P.C., Oak Park, Ill., for plaintiff-appellant, cross-appellee in No. 87-2558.
Patricia A. Brandin, Seyfarth Shaw, Fairweather & Geraldson, J. Stephen Poor, Robin B. Potter, Potter & Schaffner, Charles Pressman, Bertrand A. Rice, Chicago, Ill., John M. Kennelly, Oak Park, Ill for plaintiff-appellant, cross-appellee in No. 87-2559.
Before CUMMINGS, FLAUM and KANNE, Circuit Judges.
Helen Brooms sued Charles Gustafson, Regal Tube Company, and Copperweld Corporation, for subjecting her to racial and sexual harassment. After a trial, a jury returned a verdict in favor of the defendants upon Brooms' section 1981 racial harassment claims, and the district court found in favor of Brooms upon her Title VII sexual harassment claims. Brooms, Regal Tube, and Copperweld all appeal, alleging that numerous errors were committed resulting in their respective adverse judgments. We affirm in part and reverse and remand in part.
In April of 1983, Regal Tube Company, at the time a wholly owned subsidiary of Copperweld Corporation, hired Helen Brooms, a thirty-six year old black female, as its industrial nurse. Regal's Assistant Manager, John Oberlin, directly supervised Brooms as she rendered first aid and performed various medically-related clerical tasks. However, Brooms also worked with Regal's Human Resource Manager, Charles Gustafson, who supervised Brooms, Oberlin, and the department's secretary, Sandra Mara.
During the course of Brooms' sixteen-month employment at Regal, Gustafson made numerous explicit racial and sexual remarks to Brooms, apparently designed to elicit particular reactions. These remarks varied in offensiveness as well as in the context in which they arose. 1 She rejected all of Gustafson's sexual advances and either protested or attempted to ignore both his racial and sexual commentary. Nevertheless, Gustafson's improper conduct continued.
On December 12, 1983, the Illinois Department of Human Rights assisted Brooms in drafting a letter to Francis Sazama, Regal's Vice President and General Manager. In that letter, she complained of sexual harassment by Gustafson which had caused her undue personal hardship. She sent a copy of the letter to Wayne Nelson, Copperweld's Vice President of Human Resources, and to her immediate supervisor, John Oberlin.
Upon receiving the letter, Nelson discussed its contents with Sazama. Thereafter, they hired William Sullivan, an attorney, to act as an independent investigator to determine whether Brooms' allegations had any substance. Sullivan interviewed Brooms and Gustafson and reported to Nelson and Sazama the alleged incidents of misconduct, Brooms' response to the incidents, and her fears of retaliation. He also stated that he found Brooms to be honest and straightforward.
However, before Sazama received Sullivan's report, Sazama met with Brooms and asked her what she wanted. She told him that she wanted an apology from the company and from Gustafson and that she wanted the offensive remarks to end. Immediately thereafter, Sazama met privately with Gustafson, made him apologize to Brooms, postponed Gustafson's merit salary increase and told him that if he did such a thing again he would be fired. Nevertheless, after Sazama left, Gustafson immediately told Brooms that he was not afraid of Sazama.
For the next few weeks, Gustafson avoided any unnecessary contact with Brooms. However, in February of 1984, Gustafson began to renew his sexual and racial comments. A month later, in a particularly offensive incident, Gustafson showed Brooms a pornographic photograph depicting an interracial act of sodomy and told her that the photograph showed the "talent" of a black woman. He stated that she was hired for the purpose indicated in the photograph. Thereafter, Brooms filed her first charge of discrimination with the Illinois Department of Human Rights and the Equal Employment Opportunity Commission. Copperweld, Regal, and Gustafson received notice of the complaint.
Brooms continued to work at Regal and on July 5, 1984, entered Gustafson's office to get his signature upon some medical forms. At that time, he showed her one of several photocopies of a racist pornographic picture involving bestiality. Gustafson threatened that the picture depicted how she "was going to end up." As she attempted to grab one of the copies, Gustafson grabbed her arm and threatened to kill her if she moved. She threw coffee on him and ran away, screaming and falling down a flight of stairs as she fled.
Brooms did not return to work at Regal, but continued on Regal's payroll until September 5, 1984. She received disability compensation for two months thereafter. Following Brooms' departure, Gustafson and his superiors determined that he would no longer be effective at Regal. On August 27, 1984, he tendered his resignation.
Brooms engaged in various employment between July of 1984 and her trial in July of 1987. However, after leaving Regal, she purportedly suffered a severe debilitating depression caused by Gustafson's repeated instances of abuse. Following psychiatric therapy, she now has recovered to a point where she can re-enter the workplace on a more permanent basis.
On February 20, 1985, Brooms filed a suit in district court, charging Gustafson, Regal, and Copperweld with harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq., racial discrimination in employment in violation of section 1981 of the Civil Rights Act of 1866, 42 U.S.C. Sec. 1981, and the state law torts of intentional infliction of emotional distress and negligence. On February 26, 1986, the district court dismissed the pendent state claims as precluded by the exclusivity provisions of the Illinois Workers' Compensation Act.
The section 1981 claim was tried to a jury which found that Brooms did not prove by a preponderance of the evidence that defendant Gustafson "had engaged in racial harassment which was so excessive that it altered the condition of plaintiff's employment and created an abusive working environment." Simultaneously, Brooms' Title VII claims were tried to the bench to determine whether she suffered sexual harassment on her job which was so extensive that it constituted a violation of Title VII and whether Regal and Gustafson's actions were the result of her decision to file discrimination charges against them with the Illinois Department of Human Rights and thus constituted illegal retaliation within the meaning of 42 U.S.C. Sec. 2000e-3(a). The district court concluded that Brooms could prove that she had suffered sexual harassment, but could not prove that Regal and Gustafson had engaged in illegal retaliatory activity.
In her complaint, Brooms only requested compensatory and punitive damages that would have been available had she prevailed under her section 1981 claim. Nevertheless, despite her pleading deficiencies, the district court found that the record indicated that Brooms had been "constructively discharged" and thus was entitled to back pay. The district court awarded her $43,319.00, her back pay of $60,600.00 less $17,281.00 which she earned during the period. The district court denied her subsequent post-trial motion for front pay.
Brooms, Regal, and Copperweld appeal the decisions rendered below. Because each party raises numerous issues, we address their contentions separately.
Copperweld and Regal challenge the district court's entry of judgment in favor of Brooms on her Title VII sexual harassment claim. They contend that the district court improperly employed a subjective standard, rather than an objective standard, when deciding whether Brooms was subjected to a sex-based hostile work environment. Copperweld and Regal also contend that the district court improperly imputed Gustafson's action to them under a "strict liability" theory.
The corporate defendants also challenge the district court's decision to allow the introduction into evidence of testimony and correspondence relating to the investigation conducted by William Sullivan, Jr., an attorney hired by Regal following Brooms' initial allegations of harassment. Finally, they challenge the district court's finding that Brooms was "constructively discharged" and thus entitled to a back pay award.
To maintain an action for sexual harassment under Title VII, a plaintiff must demonstrate that he or she has experienced "[u]nwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature," 29 C.F.R. Sec. 1604.11(a) et seq., which was "sufficiently severe or pervasive 'to alter the conditions of [the victim's] employment and create an abusive working environment.' " Meritor Savings Bank v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 2405, 91 L.Ed.2d 49 (1986) (citation omitted); see also Scott v. Sears, Roebuck & Co., 798 F.2d 210, 213 (7th Cir.1986). In the past, we have...
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