Ogden v. Wax Works, Inc.

• Decision Date: 17 December 1999
• Docket Number: No. 99-1643,99-1643
• Citation: 214 F.3d 999
• Parties: (8th Cir. 2000) KERRY D. OGDEN, PLAINTIFF - APPELLEE, v. WAX WORKS, INC., DEFENDANT - APPELLANT Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 999

214 F.3d 999 (8th Cir. 2000)

KERRY D. OGDEN, PLAINTIFF - APPELLEE, v. WAX WORKS, INC., DEFENDANT - APPELLANT

No. 99-1643

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: December 17, 1999

Filed: June 6, 2000

Appeal from the United States District Court for the Northern District of Iowa

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] Before Richard S. Arnold, and Loken, Circuit Judges, and Webb,¹District Judge.

Webb, District Judge.

I.

Wax Works, Inc. (Wax Works) appeals a post-trial order of the United States District Court for the Northern District of Iowa, ² denying its motion for JAML, or, alternatively, new trial, following a jury verdict in favor of plaintiff/appellee Kerry D. Ogden (Ogden) on her claims of unlawful employment discrimination in violation of Title VII. ³ Following a five day trial, the jury found Ogden was subjected to hostile environment and quid pro quo sexual harassment, and retaliation, and further found Ogden was constructively discharged. The jury awarded Ogden $40,000.00 in compensatory damages, $792.00 in pre-termination back pay, $75,599.00 in post-termination back pay, and $500,000.00 in punitive damages ($300,000.00 on the hostile environment claim and $200,000.00 on the retaliation claim). The district court entered judgment accordingly, save for the punitive damages award, which was reduced to $260,000.00 pursuant to 42 U.S.C. 1981a(b)(3)(D). The district court also awarded Ogden $69,768.00 in front pay.

On appeal, Wax Works argues there was insufficient evidence to support Ogden's sexual harassment, retaliation, constructive discharge, and punitive damages claims. Alternatively, Wax Works contends the district court abused its discretion by failing to grant a new trial. We affirm.

II.

Predictably, the testimony "varied wildly" according to whose witnesses were testifying. "We, of course, do not resolve these discordant accounts[] . . . ." Howard v. Burns Bros., Inc., 149 F.3d 835, 838 (8 th Cir. 1998). Rather, we consider the evidence in the light most favorable to Ogden, assuming all conflicts were resolved in her favor, assuming all facts her evidence tended to prove, and giving her the benefit of all favorable inferences that reasonably may be drawn from the proven facts. See Morse v. Southern Union Co., 174 F.3d 917, 922 (8 th Cir. 1999).

Wax Works owns and operates a chain of music stores under the name "Disc Jockey," along with a small chain of video stores under the name "Reel Collections." On May 3, 1987, Wax Works hired Ogden as the sales manager for a newly-opened Disc Jockey in a Sioux City, Iowa mall. Ogden remained in that position until she left Wax Works in September, 1995.

During her tenure, Ogden reported directly to a district manager, who was responsible for supervising several stores in a geographic region. Among the district manager's duties was the performance of yearly evaluations, the completion of which was a prerequisite to a sales manager's annual raise. The district manager, in turn, reported to a regional manager, who was responsible for overseeing several district managers and their respective stores. The regional manager reported to the Wax Works home office.

Ogden developed into an outstanding store manager by all accounts. Sales at her store increased throughout her tenure, and she routinely received bonuses and awards for her efforts.

A. The Harassment

Ogden alleged she was sexually harassed by her district manager, Robert Hudson, from late June-early July, 1994, until she left Wax Works in September, 1995. Hudson, who lived in Omaha, Nebraska, became Ogden's district manager in 1993.

Ogden described three occasions on which Hudson subjected her to unwelcome physical advances. In late June-early July, 1994, an intoxicated Hudson grabbed Ogden by the waist and asked her to his motel room as the two were leaving a restaurant. Ogden refused the invitation, pushed Hudson away, and told him not to touch her. On St. Patrick's Day, 1995, an intoxicated Hudson twice put his arm around Ogden while the two were in a Sioux City bar with a group of employees. Each time Ogden pushed Hudson away and told him to leave her alone. Hudson made a similar advance in April, 1995, which Ogden rebuffed with a physical threat.

In addition to these physical advances, Hudson propositioned Ogden incessantly. He constantly asked her to go for drinks after work. He asked her on several occasions to stay with him at his home in Omaha and "party." He asked her to a motel room during a convention in October, 1994, and on another occasion asked her to attend a concert.

Hudson took an inappropriate interest in Ogden's personal life, as well. He once offered to stay at Ogden's home to "protect" her from her estranged ex- husband. He berated Ogden upon learning she had taken a canoe trip with a male companion. On another occasion, he became angry with Ogden when a male friend visited her in Sioux City.

When Ogden rebuffed these advances and propositions, Hudson responded by mistreating her at work. He constantly criticized her performance and routinely screamed at her over work matters shortly after she refused to go out with him.

Ogden's account was corroborated at trial. Ogden's former employee, Chris Shook, and friend, Holly Longwell, each recalled witnessing Hudson subject Ogden to unwelcome physical advances. Shook testified Hudson often asked whether Ogden had "somebody else in her life," and expressed a desire to stay with Ogden to protect her from her ex-husband. Shook also testified Hudson yelled at Ogden in front of other employees, and treated her differently than others.

Ogden also alleged Hudson conditioned her 1995 evaluation, and thereby her raise, upon her willingness to submit to his advances; and subsequently refused to effectuate her 1995 raise in retaliation for her refusal to submit to him. In April, 1995, Ogden's regional manager, Jeff Klem, ordered Hudson to perform Ogden's evaluation immediately to effectuate her annual raise. ⁴ Hudson did not do so, however, despite several subsequent requests by Ogden. Instead, he "held Ogden's evaluation over her head." Finally, in late June, 1995, Hudson told Ogden he would perform her evaluation if she agreed to accompany him on a "three-day gambling spree." When Ogden ultimately refused, Hudson responded by berating her over a personnel matter, and refusing her request to take a vacation. Hudson subsequently refused yet another request from Ogden to conduct her evaluation. Ogden ultimately left Wax Works without her 1995 raise. Ogden also testified that prior to these events, Hudson made no secret of his predilection for affairs with other employees, and boasted of the raises and promotions he procured for those with whom he was involved. Moreover, Hudson told Ogden she would not have received a raise in 1994, if not for his efforts.

Ogden and others described the impact Hudson's mistreatment had upon her physical and mental health. On several occasions, Hudson's beratings caused Ogden to leave work in tears. Her personality changed completely, from outgoing to withdrawn. She became depressed and lost interest in doing anything outside of work. She was unable to sleep or eat, and lost some 40 pounds between January and August of 1995. She fell ill for days at a time and consequently missed more work. She began drinking and smoking to excess.

B. Wax Works' Response

On August 9, 1995, a confrontation arose between Ogden and Hudson over Hudson's desire to promote Shook to manage a store in Sioux Falls, South Dakota. Ogden initially called Klem to protest the move, but Klem told her to address her concerns directly to Hudson. Ogden balked at first, telling Klem she feared Hudson. When Ogden ultimately confronted Hudson, he "exploded," threatening to block future raises for Ogden's employees and "squish [her] out like a little fly." The confrontation ended with Hudson following Ogden to her car, screaming and smacking his fist.

Two days later, Ogden called Klem and described the confrontation. She also reported to Klem that Hudson yelled at her because she would not go out with him. According to Ogden, Klem responded "I know exactly what you're telling me. I know about [Hudson's affairs with other employees], and [Hudson's] been warned before[] . . . ." ⁵ Ogden threatened to quit should Hudson remain her supervisor, but Klem urged her not to do so, and told her he would address her complaints to the home office.

When the two spoke a few days later, however, Klem told Ogden he had been assured by Hudson that the matter was merely a personality conflict, which had since been resolved. Ogden insisted this was not the case; rather, Hudson had been "treating her like a dog" because she refused to go out with him. She also described more of Hudson's objectionable conduct, including his offers to stay at her home. Klem ultimately agreed to travel to Sioux City to meet with all parties involved. According to Ogden, however, his demeanor had "totally changed" from their prior conversation; he "minimize[d] [Hudson's conduct] just like nothing had happened."

Klem visited Sioux City as promised August 21-24, 1995, but Ogden was unable to meet with him due to illness. ⁶ Klem interviewed several of Ogden's employees during his visit, but one of them, Shook, testified his questions focused upon Ogden's performance, rather than Hudson's conduct.

For her part, Ogden called Klem after he left Sioux City and offered to discuss her complaints over the phone. Klem refused, stating "You didn't come in. You missed your chance." Klem told Ogden that Wax Works viewed Hudson as an "asset" to the company and saw no reason to fire him. Ogden then asked whether, in the wake of her allegations, she could continue to work for Hudson. Klem replied, "No, you can't." Ogden left Wax Works on September 9, 1995. She twice called the home office in an attempt to address her complaints...