Maturo v. National Graphics, Inc.

• Decision Date: 06 September 1989
• Docket Number: Civ. No. N-87-311 (TFGD).
• Citation: 722 F. Supp. 916
• Parties: Lisa MATURO, Plaintiff, v. NATIONAL GRAPHICS, INC., Nicholas Napoli, Robert Anderson, and Harold Peters, Defendants.
• Court: U.S. District Court — District of Connecticut

722 F. Supp. 916

Lisa MATURO, Plaintiff, v. NATIONAL GRAPHICS, INC., Nicholas Napoli, Robert Anderson, and Harold Peters, Defendants.

Civ. No. N-87-311 (TFGD).

United States District Court, D. Connecticut.

May 19, 1989.

On Pending Post-Trial Motions September 6, 1989.

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Karen Lee Torre, Williams & Wise, New Haven, Conn., for plaintiff.

Joseph Garrison, Garrison, Kahn, Silbert & Arterton, New Haven, Conn., for defendants.

MEMORANDUM OF DECISION

DALY, District Judge.

Plaintiff brings the above-captioned action pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e.¹ She claims that, while in the employ of defendant National Graphics, Inc. ("National Graphics"), she was the victim of repeated sexual harassment and assaults. Furthermore, she alleges that she was compelled to leave her job with National Graphics because of the continuing harassment and the refusal of defendants to take any action to end the harassment. The case was tried to the Court on April 24-27, 1989.

FINDINGS OF FACT

The testimony at trial of plaintiff, on the one hand, and the individual defendants, on the other, is sharply contradictory. Thus, in making its findings, the Court must assess and weigh the credibility of the various witnesses. In doing so, the Court finds that, as between plaintiff and the individual defendants, only plaintiff's testimony is worthy of credit. In fact, not only does the Court find that plaintiff's testimony is credible, internally consistent, and better supported by the evidence and testimony of impartial witnesses — for example, that of Sgt. Delfino — but that the rendition of the events surrounding plaintiff's claims given by the individual defendants is simply undeserving of belief or credence. The individual defendants' testimony conflicted with each other on critical factual questions. Moreover, the demeanor of the individual defendants while testifying, when contrasted to that of plaintiff, supports the conclusion that plaintiff's testimony merits belief. On the basis of this determination, the Court makes the following findings of fact.

National Graphics is a printing company located in North Branford, Connecticut. Plaintiff was employed at National Graphics, except for periodic involuntary layoffs resulting from work slowdowns, from 1983 until 1986. Beginning in 1984, she worked as a folder operator in the bindery department. While employed at National Graphics in 1986, plaintiff earned $6.00 per hour. She was due for a $.50 pay raise in the summer of 1986. The number of hours she worked per week varied, ranging from forty hours a week to nearly sixty hours a week depending upon the amount of business. She routinely worked Saturdays and more often than not her work week averaged approximately fifty hours.

Defendant Napoli is the president, chief executive officer, and sole stockholder of National Graphics. As stipulated at trial, National Graphics and Napoli are employers within the meaning of 42 U.S.C. § 2000e(b). Defendant Anderson was, during the relevant time period, a manager at National Graphics with supervisory authority over the plant, including the bindery department. Defendant Peters was, during the relevant period, employed as a folder operator and a lead man with supervisory authority over plaintiff.

The layout of the National Graphics plant was such that five folding machines were lined up along one wall. Five printing presses were lined up along a second wall. When in operation, the machines, and especially the presses, were quite noisy. Anderson had a desk on the plant floor against the wall behind the presses.

Peters was hired as a folder operator in 1984 at roughly the same time plaintiff began working as a folder operator. Plaintiff and defendant Peters operated folding machines that were located next to each other. Not long after he was first hired, Peters began making sexually explicit remarks and inquiries to plaintiff. For example, he asked about her sex life and whether there was anything he could do to help her, indicating his interest in having sex with her. Plaintiff responded to these unsolicited questions by stating that she was not interested and requesting that he leave her alone. These comments and questions continued through the end of 1984.

The remarks eventually became increasingly vulgar and aggressive in nature. By 1985, despite plaintiff's continued rejection of his inquiries, Peters was subjecting her to a stream of comments in starkly graphic language about his desire to have oral and anal sex with her and describing the various sexual positions in which he would like to engage her. The remarks intensified during the later part of 1985 to the point where he made such comments nearly every work day.

The oral harassment often increased on pay days. On those days, Peters usually left the building to cash his paycheck and to have lunch. At lunch, he would drink an alcoholic beverage of one sort or another. When he returned to work, his sexual comments to plaintiff would become more violent and insistent, often continuing in a constant stream of offensive remarks for fifteen minutes at a time.

At some point in early 1985, Anderson informed plaintiff that Peters had been made her supervisor. Anderson also told her that if she had any problems with her machine that she should go to Peters for assistance. Napoli also confirmed that plaintiff should seek Peters' assistance on the machine. In addition to having to go to Peters for assistance with the operation of the folding machine, Peters, as her supervisor, assigned her to various tasks. On various occasions after being made her supervisor, Peters told plaintiff that if she pleased him sexually, he could obtain pay raises and vacation time for her and he would assist her on learning how to operate the folding machines better. Similarly, after becoming her supervisor, he invited plaintiff to go on a "love weekend" with him during which they would have sex and in return for which he would secure certain job benefits for her. On those occasions when plaintiff needed assistance with her machine and, as instructed by Anderson, went to Peters for aid, Peters either refused to help her or asked her what she was going to do for him.

Faced with this continuing harassment from 1984 and on through 1985, plaintiff was offended and felt extremely embarassed and humiliated. On many occasions, plaintiff left her machine to get away from Peters. In fact, one day she felt forced to leave work altogether to avoid the onslaught of abuse from Peters. Moreover, she became frightened of Peters, not only because of the often aggressive nature of the oral harassment, but also because of his supervisory authority and the threat she felt that he might be able to cause her to lose her job.

National Graphics had no formal complaint or grievance procedure. Nor did it have an expressed policy against sexual harassment. Nonetheless, plaintiff complained to Anderson about the oral harassment as early as the latter part of 1984 and continued to complain throughout 1985. In addition, she complained to Napoli. Neither Anderson nor Napoli took any serious action in response to the complaints about the oral harassment. After plaintiff on various occasions told both Anderson and Napoli of the harassment and that she was tired of it, their only reply was that they would speak to Peters. While they apparently did speak to Peters about plaintiff's complaints sometime before 1986, their actions were ineffective and insufficient inasmuch as the harassment not only continued but intensified through 1985 and into 1986.

The harassment eventually escalated to physical assaults. On January 16, 1986, while plaintiff was standing next to her folding machine and talking with co-worker Michael Delfranco, Peters came up from behind plaintiff, grabbed her arms, and pulled her close up against his body. While holding her in such a way so that she was unable to free herself, he said that he wanted to "screw" her, reached around, and grabbed and fondled her left breast. He then released her, and walked away laughing. Plaintiff felt shocked, upset, and humiliated. She went to the restroom for approximately fifteen minutes to try to collect herself. She then went to Anderson and reported the incident to him. Anderson's response was that she should have come sooner, but that he would speak with Peters about it. Anderson did question Peters about plaintiff's allegation. Peters denied having done anything, and Anderson did not pursue the matter any further.

Peters assaulted plaintiff a second time. On February 13, 1986, Peters asked her to join him on a "love weekend." Plaintiff rejected the offer, and he reached out and roughly grabbed and fondled her breast. She immediately went to Anderson and told him that Peters had grabbed her breast and that she wanted to see Napoli. A meeting was then held in Napoli's office at which Napoli, Anderson, plaintiff, and Peters were present. At the meeting, plaintiff told Napoli that Peters had grabbed her breast. Napoli asked Peters about the incident, and Peters denied plaintiff's allegations. Instead, Peters maintained that all he had done was to poke her in her side. He attempted to demonstrate this by approaching plaintiff and showing how he poked her. Napoli questioned Peters about how he would feel if someone sexually assaulted him. Peters response was to grab his groin and to say to Napoli, "Go ahead Nick, I'd love it." Peters subsequently left the meeting, and Napoli asked plaintiff what she wanted him to do, to which she replied that it was not her decision to make. However, she did tell Napoli that she was not satisfied with his apparent inaction and that she felt compelled to go to the police. Napoli responded that he was behind her one hundred percent. Peters was then recalled into the office and was told by Napoli to stay away from plainti...