Scribner v. Waffle House, Inc.
| Decision Date | 01 May 1998 |
| Docket Number | No. 3:91-CV-2667-R.,3:91-CV-2667-R. |
| Citation | 14 F.Supp.2d 873 |
| Parties | Therese SCRIBNER and Resource Recruiters, Inc. v. WAFFLE HOUSE, INC. |
| Court | U.S. District Court — Northern District of Texas |
Michael P. Metcalf, Law Office of Michael T. Metcalf, Dallas, TX, for Plaintiffs.
William Patrick Finegan, Haynes & Boone, Dallas, TX, Michael W. Fox, Haynes & Boone, San Antonio, TX, for Defendant.
AMENDED MEMORANDUM OPINION
This case involves the severe and pervasive sexual harassment of the plaintiff, Therese Scribner, by some of the top officers and executives of the defendant, Waffle House, Inc.1 It also involves the blatant lies, an egregious attempt to suborn perjury, and the reward of witnesses who gave false deposition and trial testimony, by the Waffle House officers, executives, supervisors and other witnesses discussed below.2
Therese Scribner was employed by Waffle House for three and one-half years as a personnel recruiter. Because Scribner was a woman, during this entire period she was paid less than males who had the same duties and responsibilities that she did for Waffle House. In addition, Therese Scribner was sexually harassed by three male supervisors — who, contrary to their perjured testimony during depositions and at trial — subjected Scribner to continued, abusive, and severe sexual harassment by conduct such as this:
... asking her, "have you ever been eaten by a man with ice in his mouth?" and "do you want to sit on my face?"
... telling her, "if you ever fucked me, you would never be happy with another man" and "I'd like to eat the lining out of your pussy."
... calling her "little Ms. Big Tits" and "our Dolly Parton, the girl with the big ... smile."
... telling recruits being interviewed for jobs with Waffle House, "Your signing bonus will be a weekend in a hotel with Therese ... in a bikini."
... grabbing her blouse, pulling it out, and leering, "It was driving me crazy to see what those were."
... sticking a Polaroid camera between her legs, and under her dress, and taking a picture of her crotch.
... telling other Waffle House employees that "Therese got so hot and wet that you could throw her panties against the wall and they would stick."
... et cetera.3
Although other Waffle House executives and officers4 actually witnessed some of the perverse sexual harassment of Therese Scribner by these three male executives and supervisors, they never reprimanded the harassers or sanctioned them for their egregious misconduct. Instead, one of them, Area Manager Steve Wright, was later promoted to become a Senior Vice-President of Waffle House; and the other two harassers, Regional Manager Steve Oswald and Division Manager Tim Mercer, also received promotions or other rewards from Waffle House.
With the backdrop of this corporate environment, it was not too surprising that other Waffle House executives and supervisors joined in the sexual harassment of Therese Scribner. For example, when Division Manager Tim Mercer stuck the Polaroid between Therese's legs, and snapped a picture under her dress, Area Vice-President Larry Cannon was present; although he witnessed this reprehensible conduct, Cannon did not take any action against Mercer.5
Therese Scribner repeatedly pleaded with Steve Wright, Steve Oswald, and Tim Mercer to stop their repugnant conduct — because, despite it, Therese was doing a very good job, and she wanted and needed to continue her employment at Waffle House. Scribner threatened to report Wright and Oswald if they did not stop the sexual harassment, but it continued. Then, Scribner complained to other Waffle House executives6 about the sexual harassment, but "nothing ever happened." Finally, Scribner was driven to complain to Donald "Skip" Nau, the new Waffle House "Vice-President of People," shortly after Nau had become her supervisor.
Skip Nau documented some of Therese Scribner's complaints of sexual harassment, and he reported them directly to Joe Rogers, Jr., the President, CEO and 78% owner of Waffle House. At the next Executive Committee meeting (held shortly after Joe Rogers received Nau's report), Rogers asked Steve Wright about Scribner's complaints; however, Wright flatly denied that he had ever engaged in any improper conduct towards Therese Scribner — and the Waffle House President, CEO and major stockholder did nothing about Nau's report or the plaintiff's complaints of sexual harassment.7 Then, as the direct result of her sexual harassment complaints, Therese Scribner was promptly terminated — less than four months after she had first complained to Skip Nau.
Supposedly, Waffle House terminated the plaintiff because she had been a "poor employee" and a poor recruiter — a preposterous claim, particularly since Scribner had never received a single complaint, warning or reprimand about her performance; since she had received regular pay increases during her entire three and one-half years at Waffle House; and since — about one year before her termination — Scribner had been persuaded not to quit her job at Waffle House by Steve Wright and by John Robertson, a Waffle House Vice-President.
After she filed this sexual harassment-retaliatory discharge suit against Waffle House, Therese Scribner started her own personnel recruiting company, the plaintiff Resource Recruiters, Inc. Two years later, Waffle House maliciously and tortiously interfered with a significant recruiting contract that Resource Recruiters had with Grandy's, Inc. In doing so, Waffle House executives defamed Scribner and Resource Recruiters, Inc. by lying about why Scribner had been terminated by Waffle House.
These are Therese Scribner's legal claims against Waffle House: sexual harassment and retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. and Tex.Rev.Civ.Stat.Ann. art. 5221k, § 5.01; unequal pay in violation of Title VII and the Equal Pay Act, 29 U.S.C. §§ 206 d(1) and 215; and common law claims of breach of contract, defamation, intentional infliction of emotional distress, and tortious interference with the Resource Recruiters — Grandy's contract. With the exception of the alleged breach of contract, all of Scribner's claims are meritorious, and she is entitled to recover the actual and punitive damages that are discussed below. The Resource Recruiters common law claims against Waffle House are these: tortious interference with the Grandy's recruiting contract, defamation, and intentional infliction of emotional distress; these claims are also valid, and Resource is entitled to the recovery of the actual and punitive damages discussed below.
This opinion will first discuss the applicable law concerning a sexual harassment "hostile work environment" claim.8 Next, it will state this Court's findings regarding the credibility of the witnesses who testified at the non-jury trial. Then, it will discuss the facts established by the credible testimony and exhibits — including (i) the severe and pervasive sexual harassment that was committed by some Waffle House officers, executives and supervisors (and ignored by others), (ii) the unsuccessful attempt by a Waffle House executive to suborn perjury, and (iii) the successful attempt by other executives to bribe two trial witnesses. Finally, the opinion will discuss the law and the credible evidence supporting the award of actual damages and punitive damages on each of the claims of Therese Scribner and Resource Recruiters.
Because of the length of this opinion — due primarily to the number of valid legal claims made by the plaintiffs and to the incredible extent of the severe, unrelenting sexual harassment and the Waffle House lies in this case9 — it will begin, for convenience, with an outline of the various matters to be covered.
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...infliction of emotional distress have generally involved relatively unusual situations. See, e.g., Scribner v. Waffle House, Inc. , 14 F. Supp.2d 873, 932 (N.D. Tex. 1998) (finding woman suffered “unusual” degree of harassment, and awarding 6.3 million dollars in punitive damages), vacated ......
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