Robson v. Eva's Super Market, Inc.

• Citation: 538 F. Supp. 857
• Decision Date: 04 May 1982
• Docket Number: No. C80-1847.,C80-1847.
• Parties: Jody L. ROBSON, Plaintiff, v. EVA'S SUPER MARKET, INC., et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

538 F. Supp. 857

Jody L. ROBSON, Plaintiff, v. EVA'S SUPER MARKET, INC., et al., Defendants.

No. C80-1847.

United States District Court, N. D. Ohio, E. D.

May 4, 1982.

Jeffrey H. Friedman, Frank A. Chenette, Friedman & Chenette, Cleveland, Ohio, for plaintiff.

Martin J. Murphy, Paul D. Eklund, Davis & Young, L. P. A., Cleveland, Ohio, for defendants.

MEMORANDUM and ORDER

BEN C. GREEN, Senior District Judge:

Plaintiff Jody L. Robson¹ worked in the meat department at defendant Eva's Super Market (Eva's) in 1979 and early 1980. She resigned her job in February, 1980, claiming sexual harassment from her supervisors. She brings this action against Eva's and the supervisors for damages and equitable relief pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., 2000e-2(a). Also alleged in the complaint are state law torts which may be heard here pursuant to the doctrine of pendent jurisdiction.

All defendants have moved for summary judgment. Plaintiff has filed a brief in opposition thereto.

At the outset, it must be noted that a motion for summary judgment may be granted only where there is no dispute as to any fact material to the cause of action. Rule 56(c), Federal Rules of Civil Procedure; Adickes v. Kress & Co., 398 U.S. 144, 147, 90 S.Ct. 1598, 1602, 26 L.Ed.2d 142 (1970). Further, since only defendants have moved for summary judgment, the court must view all facts in inferences to be drawn therefrom in a light which is most favorable to the non-moving party, i.e., the plaintiff. Adickes v. Kress & Co., supra; Bohn Aluminum & Brass Corp. v. Storm King Corp., 303 F.2d 425, 427 (C.A. 6, 1972); 6 Moore, Federal Practice 2d, ¶ 56.151.-06 (1981).

Viewed in that light, it appears that the pleadings, answers to interrogatories, affidavits, and depositions establish the facts as follows.

Plaintiff, then about 19 years of age, began work for Eva's in July, 1979. She was assigned to work in the meat department as a counter clerk. Defendant Jerry Brown was the manager of the meat department and was plaintiff's supervisor. Defendant Eugene Mayfield was a meat cutter in the department and also acted, with Brown's acquiescence, as plaintiff's supervisor.

Plaintiff testified at her deposition and complains in her affidavit that, starting in December, 1979, she became the subject of frequent sexual advances and harassment from defendant Mayfield. Mayfield, she said, offered her $100 to "go to bed" with him, an advance she asserts she neither invited nor encouraged. The offer was declined.

During January, 1980, plaintiff asserts, the unwanted sexual advances continued. Mayfield, she testified, asked her to wear "tight jeans" to work, and, in the presence of Brown, directed her to perform certain work tasks in his vicinity "so I can watch her walk by." He continuously, she testified, directed profane and sexually suggestive comments to her, and stared or "leered" at her body when she was in his vicinity. Plaintiff informed Mayfield several times that such words and conduct were offensive to her.

Plaintiff also complains in her affidavit that Mayfield once "felt the back of my blouse without my permission to see whether I was wearing a bra." On another occasion, she testified, Mayfield patted her on the buttocks without her invitation or consent.

Plaintiff testified that she complained of these matters to defendant Brown on several occasions. Brown, she asserts, advised her "not to pay attention to Eugene Mayfield and not to let ... Mayfield's conduct bother me." She claims that never, to her knowledge, did Brown reprimand Mayfield for the offensive conduct nor direct Mayfield to stop.

The sexual advances and sexually suggestive conduct continued throughout January, 1980, plaintiff complains. She testified that when she rejected his advances, Mayfield reacted by becoming rude to her and by penalizing her at work.

The matter came to a boil on February 6, 1980. Brown was not at work that day, and Mayfield was plaintiff's sole supervisor. Near the end of her lunch break, plaintiff testified, Mayfield grabbed her arm roughly and told her to get back to work. Plaintiff responded that she had 15 minutes remaining on her break, and that Mayfield was hurting her arm and was frightening her. Mayfield responded by squeezing her arm more tightly and referring to her in a sexually profane manner and saying, "I want you to be afraid of me." Mayfield then pushed her arm away roughly. In the process, she says, plaintiff suffered severe physical pain, was frightened, and her arm was bruised.

That same day, plaintiff learned from an employee in another department that Mayfield had boasted of certain sexual conduct with her. The boast, she asserts, was wholly false.

On February 8, 1980, the next day that plaintiff, Brown, and Mayfield worked together, plaintiff confronted Mayfield in Brown's presence. She demanded of Mayfield two things. First, an apology for what he had done and said. Second, a promise that he would discontinue his sexually offensive conduct toward her. Mayfield responded by grabbing her by her smock, pulling her face to his, then referring to her in a threatening and sexually profane manner. He then pushed her away. During this process, Brown was laughing.

Plaintiff then informed Brown that unless he put a stop to Mayfield's offensive conduct, that she would give two weeks' notice of her resignation. Brown replied that two weeks' notice would not be required, and that she need not report for work the next day. Plaintiff left on a scheduled lunch break and did not return.

Sometime thereafter, Eva Brunson, president of the corporation which operated the store and the store's manager, contacted plaintiff to discuss the matter. Mrs. Brunson expressed a desire to find a way in which plaintiff could return to work, but could not offer to return plaintiff to a full time job other than in her former position. Plaintiff declined to work further with Mayfield.

Defendants, apparently conceding these essential facts for purposes of their motion, move for summary judgment pursuant to a number of legal theories. Examination of defendants' assertions discloses that, taken together, they move to dismiss the action because no facts exist upon which relief could be granted.

An examination of plaintiff's response to the motion discloses that the parties have widely divergent views as to the law which should be applied to the facts in this action. The Court therefore finds that it will be useful to create a framework in which defendants' specific legal theories may be discussed.

Title 42, U.S.C., Section 2000e-2(a) reads, in pertinent part:

It shall be an unlawful employment practice for an employer —

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of an individual's ... sex; or

(2) to limit, segregate or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's sex ....

Sexual harassment is generally accepted as a cause of action pursuant to this section, although the elements of a prima facie case are not fully settled. See, Bundy v. Jackson, 641 F.2d 934 (C.A.D.C., 1981); Walter v. KFGO Radio, 518 F.Supp. 1309 (D.N. Dak., 1981), and extensive cases cited at, id. 1315; Annotation, 46 A.L.R.Fed. 224 (1980).

The Equal Employment Opportunity Commission (EEOC) has been charged by Congress with the administrative enforcement of Title VII, and has been given the authority to promulgate interpretive regulations. Pursuant to that authority, the EEOC issued regulations at 29 C.F.R. § 1604.11(a), (b) (1980) which provide that under certain conditions, sexual harassment will constitute a violation of Title VII. This Court is bound to give great deference to these regulations. Albemarle Paper Co. v. Moody, 422 U.S. 405, 431, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975); Griggs v. Duke Power Co., 401 U.S. 424, 433-34, 91 S.Ct. 849, 854-55, 28 L.Ed.2d 158 (1971).

As here pertinent, the regulations read:

(a) Harassment on the basis of sex is a violation of Sec. 703 of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(b) In determining whether alleged conduct constitutes sexual harassment, the Commission will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred. The determination of the legality of a particular action will be made from the facts, on a case by case basis.

The Court does not understand plaintiff to allege that submission to Mayfield's advances was, at least initially, either explicitly or implicitly a term or condition of her employment. There does not appear to be facts in the record from which it could be inferred that plaintiff was denied a promotion or increase in salary, or was in danger of an employer-initiated discharge because she resisted Mayfield's overtures.

Plaintiff does allege, however, and there are assertions in the record which tend to show, that her rejection of Mayfield's advances were used by Mayfield as a basis for assigning her more onerous tasks and by generally "penalizing" her at work. As...