Miller v. Woodharbor Molding & Millworks, Inc.

• Decision Date: 18 January 2000
• Docket Number: No. C95-3079-MWB.,C95-3079-MWB.
• Citation: 80 F.Supp.2d 1026
• Court: U.S. District Court — Northern District of Iowa
• Parties: Tammy L. MILLER, and Russell W. Miller, individually and as guardians for Dustan Gauley, Katie Gauley, Tabitha Miller, Nicholas Miller, and Brittany Miller, Plaintiffs, v. WOODHARBOR MOLDING & MILLWORKS, INC., Todd Piper, Curtis Lewerke, and Jon Lewerke, Defendants.

80 F.Supp.2d 1026

Tammy L. MILLER, and Russell W. Miller, individually and as guardians for Dustan Gauley, Katie Gauley, Tabitha Miller, Nicholas Miller, and Brittany Miller, Plaintiffs, v. WOODHARBOR MOLDING & MILLWORKS, INC., Todd Piper, Curtis Lewerke, and Jon Lewerke, Defendants.

No. C95-3079-MWB.

United States District Court, N.D. Iowa, Central Division.

January 18, 2000.

Thomas J. Duff, Roxanne Conlin & Assoc., Des Moines, IA, for plaintiffs.

Michael G. Byrne, Winston & Byrne, Mason City, IA, for defendants.

DECISION UPON REMAND

BENNETT, Chief Judge.

I. INTRODUCTION

On October 2, 1995, plaintiffs Tammy L. Miller ("Miller") and Russell W. Miller brought, inter alia, a hostile work environment sexual harassment action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., against Tammy Miller's former employer, defendant Woodharbor Molding & Millworks, Inc. ("Woodharbor"), and certain officers and employees of Woodharbor, namely, Todd Piper, Curtis Lewerke, and Jon Lewerke. On December 17, 1997, following a bench trial, the undersigned found that Tammy Miller was subjected to a sexually hostile work environment as a result of Todd Piper's repeated sexually derogatory remarks, and entered judgment for plaintiff Miller. Thereafter, defendant Woodharbor appealed, and on April 28, 1999, the Eighth Circuit Court of Appeals reversed this court's judgment, and remanded it to provide Woodharbor the opportunity to present an affirmative defense to Miller's hostile work environment claim in light of Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998), notwithstanding the fact that Woodharbor never raised this affirmative defense at trial. Miller v. Woodharbor Molding & Millworks, 174 F.3d 948, 948 (1999). The court notes that both Supreme Court cases were decided approximately six months after this court rendered its decision.

The court held a hearing on September 3, 1999, for the sole purpose of permitting Woodharbor the opportunity to present evidence concerning the two-prong affirmative defense to Miller's hostile work environment claim. Plaintiffs were represented by Thomas J. Duff of Roxanne Conlin & Associates, Des Moines, Iowa. Defendants were represented by Michael G. Byrne of Winston & Byrne, Mason City, Iowa.

II. LEGAL ANALYSIS

In June of 1998, the United States Supreme Court handed down two decisions that dramatically altered the landscape of sexual harassment claims premised on the conduct of supervisory employees. See Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). In Faragher and Ellerth, the Court set forth the following standard to be applied in determining whether a supervisor's harassing conduct subjects an employer to liability for a hostile work environment claim under Title VII:

An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence, see FED. R.CIV.P. 8(c). The defense comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.

Faragher, 524 U.S. 775, 118 S.Ct. at 2292-93; Ellerth, 524 U.S. 742, 118 S.Ct. at 2270. Under this new standard, the analysis for sexual harassment claims against employers for the conduct of their supervisory employees proceeds as follows. The threshold question that must be answered is whether the plaintiff-employee suffered a tangible employment action. See id. If a supervisor's alleged sexual harassment of an employee culminates in "a tangible employment action such as discharge, demotion, or undesirable reassignment, the employer is vicariously liable to the employee." Newton v. Cadwell Lab., 156 F.3d 880, 883 (8th Cir.1998) (citing Faragher and Ellerth). If no tangible employment action is taken, the analysis shifts to a consideration of whether the plaintiff-employee has set forth an actionable claim for hostile work environment. See Faragher, 524 U.S. 775, 118 S.Ct. at 2292-93; Ellerth, 524 U.S. 742, 118 S.Ct. at 2270. Provided the plaintiff-employee can establish an actionable claim for hostile work environment, the employer will be vicariously liable for the supervisor's harassing conduct unless the employer can prove by a preponderance of the evidence that (1) it exercised reasonable care to prevent and promptly correct the harassing behavior and (2) that the complaining employee unreasonably failed to take advantage of available preventive or corrective opportunities or otherwise avoid harm. Newton, 156 F.3d at 883 (citing Faragher and Ellerth); see also Sims v. Health Midwest Physician Servs. Corp., 196 F.3d 915, 920 (8th Cir.1999) (citing same cases); Todd v. Ortho Biotech, Inc., 175 F.3d 595, 597 (8th Cir.1999) (citing same); Phillips v. Taco Bell Corp., 156 F.3d 884, 889 (8th Cir.1998) (citing same).

The record is undisputed that Todd Piper was Tammy Miller's supervisor, and that Miller did not suffer any tangible employment action. Accordingly, the principles of employer liability set forth in Ellerth/Faragher apply to this case.

A. First Prong: Did Woodharbor Exercise Reasonable Care To Prevent And Promptly Correct The Sexual Harassment?

To establish the first prong of the affirmative defense, Woodharbor must prove that "it exercised reasonable care to prevent and correct promptly any sexually harassing behavior." See Phillips, 156 F.3d at 889; see also Ellerth, 524 U.S. 742, 118 S.Ct. at 2270; Faragher, 524 U.S. 775, 118 S.Ct. at 2293. The primary purpose of Title VII is not to provide redress; rather it is to prevent discrimination and the harm that results from such acts. See Faragher, 524 U.S. 775, 118 S.Ct. at 2292 (citing Albemarle Paper Co. v. Moody, 422 U.S. 405, 417, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975)). While not required as a matter of law, see Ellerth, 524 U.S. 742, 118 S.Ct. at 2270, the existence of an appropriate anti-harassment policy will often satisfy this first prong, see Scrivner v. Socorro Indep. Sch. Dist., 169 F.3d 969, 971 (5th Cir.1999), because "`Title VII is designed to encourage the creation of anti-harassment policies and effective grievance mechanisms.'" Shaw v. AutoZone, Inc., 180 F.3d 806, 811 (7th Cir.1999) (quoting Ellerth, 524 U.S. 742, 118 S.Ct. at 2270); Green v. The Servicemaster Co., 66 F.Supp.2d 1003, 1012 (N.D.Iowa 1999). However, the Third Circuit Court of Appeals advised that "Ellerth and Faragher do not, as the defendants seem to assume, focus mechanically on the formal existence of a sexual harassment policy, allowing an absolute defense to a hostile work environment claim whenever the employer can point to an anti-harassment policy of some sort." Hurley v. Atlantic City Police Dept., 174 F.3d 95, 118 (3rd Cir.1999).

Indeed, a number of decisions indicate that in order for an employer to satisfy the duty of reasonable care to prevent harassment, the employer's harassment-prevention policy must be "effective." Lissau v. Southern Food Serv., Inc., 159 F.3d 177, 182-83 (4th Cir.1998); Reinhold v. Commonwealth of Virginia, 151 F.3d 172, 176 (4th Cir.1998) ("complaint procedures must be effective"). Courts have explained that the gravamen of an "effective" anti-harassment policy includes: 1) training for its supervisors regarding sexual harassment, see Shaw v. AutoZone, Inc., 180 F.3d 806, 812 (7th Cir.1999) (explaining that the company's anti-harassment policy at issue was effective because it was distributed to every one of its employees, and it also regularly trained its managers regarding its policy); Baty v. Willamette Indus., Inc., 172 F.3d 1232, 1242 (10th Cir.1999) (explaining that the small amount of training given the employees was inadequate in light of the severity of the problem); see also Hollis v. City of Buffalo, 28 F.Supp.2d 812, 821 (W.D.N.Y.1998): Miller v. D.F. Zee's, Inc., 31 F.Supp.2d 792, 803 (D.Or. 1998); 2) an express anti-retaliation provision,¹ see Montero v. AGCO Corp., 192 F.3d 856, 861-862 (9th Cir.1999) (finding that anti-harassment policy at issue to be effective because it contained, inter alia, an anti-retaliation provision); Duran v. Flagstar Corp., 17 F.Supp.2d 1195, 1203 (D.Colo.1998); Pritchard v. Earthgrains Baking Cos., Inc., 1999 WL 397910, *9 (W.D.Va. March 5, 1999); and, 3) multiple complaint channels for reporting the harassing conduct. See Shaw, 180 F.3d at 811-12 (finding that the anti-harassment policy to be effective because it provided, inter alia, for multiple mechanisms for the prompt resolution of complaints); Parkins v. Civil Constructors of Ill., Inc., 163 F.3d 1027, 1035-36 (7th Cir.1998) (holding that employer exercised reasonable care to prevent sexual harassment where it adopted a policy prohibiting sexual harassment which provided multiple complaint mechanisms); Young v. Bayer Corp., 123 F.3d 672, 675 (7th Cir.1997) (the employer had four authorized channels for lodging complaints); Duran, 17 F.Supp.2d at 1203 (stating that the first prong of the affirmative defense satisfied because employee handbook contained, inter alia, various channels through which to render a complaint, and provided a 1-800 number); Pritchard, 1999 WL 397910, *9 (citing same).

In this case, Woodharbor maintained an Employee Handbook that it distributed to all its employees. Included in this handbook is a...