Worth v. Tyer
| Citation | 276 F.3d 249 |
| Decision Date | 18 January 2002 |
| Docket Number | No. 00-2414,00-2414 |
| Parties | (7th Cir. 2001) Lisa Worth, Plaintiff-Appellee, v. Robert H. Tyer II, United States Title & Abstract Company, Grundy County Title & Abstract, Inc., Consolidated Title Services Company of Illinois, Ogle County Title & Abstract Company II, Title Express Company, Ltd, and Grundy County Title & Abstract Company II, Defendants-Appellants |
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 96 C 3539--Blanche M. Manning, Judge. [Copyrighted Material Omitted]
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
[Copyrighted Material Omitted] Larry S. Kaplan (argued), Kaplan, Begy & Von Ohlen, Chicago, IL, for Appellee.
Robert H. Tyer, II, Rolling Meadows, IL, Bradley R. Tyer (argued), Los Angeles, CA, Ethan J. Tyer (argued), Fox Family Worldwide, Inc., Los Angeles, CA, for Appellants.
Before Flaum, Chief Judge, and Manion and Kanne, Circuit Judges.
After being terminated, plaintiff, Lisa Worth ("Worth"), sued defendants, charging that they had violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq., and that her supervisor had committed a battery in violation of state tort law. The jury found for Worth and awarded $52,500 in compensatory and punitive damages for the Title VII claims and $100,000 in compensatory and punitive damages for the battery. Defendants appeal alleging that the district court erred in denying their motion for judgment as a matter of law or, in the alternative, their post-trial motion to amend the verdict or for a new trial. Defendants also claim that the district court lacked jurisdiction over Worth's claims. We affirm in part and reverse in part.
Individual defendant, Robert H. Tyer, II ("Tyer"), is significantly involved with defendant corporations, all of which are real estate title companies incorporated in Illinois. Tyer is the sole director of Grundy County Title & Abstract, Company II ("Grundy II"). Grundy II was incorporated in 1983 and, although the corporation still exists, Grundy II ceased all operations on December 31, 1994. While Grundy II operated, Tyer managed its offices and divisions. Grundy II's divisions that are relevant to this litigation are the United States Title Insurance Company division and the Title Express Company division.
Tyer is the president and sole director of defendant Ogle County Title & Abstract Company II ("Ogle II"). Ogle II has two divisions relevant to this litigation: United States Title Insurance Company division and the Title Express Company division. On January 2, 1995, after Grundy II had ceased operations, Ogle II hired all of Grundy II's former employees and acquired Grundy II's assets.
Tyer owns defendant United States Title and Abstract Company ("U.S. Title Co."), which ceased operations in 1993. Tyer was president of defendant Consolidated Title Services Company ("CTS"), which ceased operations in 1989. Tyer is the COO and president of defendant Title Express Company, Ltd. ("Title Express"), which ceased operations in 1998.
In early 1994, Worth worked as a paralegal for a law firm in Joliet, Illinois. Worth first contacted Tyer by telephone in conjunction with a real estate closing on which they were both working. During that phone call, Worth asked Tyer if there were any positions available within his company. Tyer suggested that she fax a resume to his attention. On April 21, 1994, Worth faxed Tyer a resume in care of "U.S. Title." After reviewing the resume, Tyer indicated to Worth that he was looking for someone to increase business in Joliet. Worth then faxed over a supplemental resume outlining her previous car sales experience.
In early May 1994, Tyer and Worth met to discuss employment opportunities. Tyer offered to pay Worth $700 twice a month for her services. Worth accepted Tyer's offer and was told to report to the Morris, Illinois Office of the U.S. Title division of Grundy II ("Morris Office"). On May 23, 1994, Worth arrived at the Morris Office and met Lisa Fahrion, one of the office managers. Worth trained under Fahrion for several weeks and developed a promotional flyer. During this training period, Tyer was never in the office, although he was present at the Morris Office on June 13, 1994. On the evening of June 14, 1994, Tyer and Worth met in Worth's office to review some documents. During this meeting, Tyer touched Worth's breast. The circumstances surrounding this incident gave rise to Worth's battery claim.
On June 15, 1994, Worth went to the Morris Police Department and filed a police report concerning Tyer's alleged battery. The next morning, Morris Police Detective Salemas contacted Tyer regarding Worth's report. Later that day, Tyer informed Worth that "in light of recent circumstances," he was terminating her "independent contractor's" status.
On December 9, 1994, Worth filed a charge of employment discrimination with the Illinois Human Relations Commission ("IHRC"), a copy of which was forwarded to the EEOC. On December 15, 1994, the IHRC sent an inquiry letter to "Robert Tyler III [sic] care of U.S. Title & Abstract Company/Grundy Title & Abstract [sic], " requesting information regarding Worth's charges. On January 15, 1995, Tyer called the IHRC and stated that he had just received the letter. He was granted an extension to respond. On February 20, 1995, Tyer responded to the IHRC inquiry letter by stating that Worth was not an employee of "U.S. Title," but rather, she was an independent contractor employed by Grundy II, which had recently ceased operations. On June 12, 1996, Worth filed suit in the United States District Court for Northern Illinois, alleging several Title VII counts, one count of battery, and other state law claims.
At trial, Worth testified that she inquired about an employment position with Tyer and faxed him a resume in care of "U.S. Title"--the company that she believed he represented. She then faxed supplemental information to Tyer in care of "United States Title Insurance Company" concerning her prior work in sales. Worth and Tyer eventually met to discuss possible employment at an office for "U.S. Title." No job offer was made at this time, but soon thereafter, Tyer contacted Worth about starting work in late May. Worth testified that due to her lack of knowledge concerning the title business, Tyer told her that the job would initially entail training on title searches, closings paperwork, and other tasks relevant to the title business. In discussing the job, Worth stated that Tyer told her that there were definite career advancement possibilities including a position in office management. Worth accepted the position and Tyer told her to report to Fahrion, the office manager of the Morris Office, to begin training. On May 23, 1994, Worth started work at the Morris Office and spent most of her time training with Fahrion. Among other things, the training included one visit to the Schaumburg Office of Title Express, a Grundy II affiliate, in order to view a closing.
Worth testified that she was required to give a timecard to Fahrion every week in order to receive her paycheck. Tyer later testified that the same timecard was given to every Grundy II employee and that the independent contractors Tyer had hired in the past had never used timecards. Worth admitted that she did not have withholdings from her paycheck, nor did she receive any insurance, sick leave, or vacation time. Worth testified that Tyer refused to take out withholdings, or give her benefits, for thirty days because his corporations were experiencing financial difficulties.
Worth testified that during the time not taken up with training, she worked with Fahrion on a promotional flyer for the "United States Title Insurance Company." Worth stated that she was in charge of composing the cover letter to accompany the flyer. To compose the letter, Fahrion gave Worth a form letter to use as a template. Worth testified that her cover letter was eventually sent to Tyer, who gave his approval. Worth then sent prospective clients the cover letter and flyer, using letterhead for the cover letter that stated "United States Title Insurance Company, also authorized to do business as United States Title & Abstract Company." Worth testified that Fahrion gave her the letterhead and that everyone in the office used that particular letterhead.
Worth next testified about the circumstances that gave rise to the suit. On June 13, 1994, Tyer came into Worth's office late in the afternoon. According to Worth, Tyer then placed his hands on her shoulders and neck and massaged her for several minutes. Worth testified that this made her uncomfortable. The next morning, while Worth was making copies, Worth stated that Tyer approached her and stroked her hand, and made a comment regarding how office work must be hard on her fingernails. Worth testified that she found this conduct inappropriate and that it made her uncomfortable. At approximately 4:45 p.m. that afternoon, Tyer came into Worth's office to discuss a project on which she was working. Worth stated that Tyer brushed up against her dress and then sat down beside her and began staring at her breasts. Tyer then asked for a computer disk that was in Worth's car. Because the office doors were locked, Tyer unlocked the doors for Worth to leave, and after retrieving the disk, she returned to her office. Worth stated that while she loaded the disk onto the computer in her office, Tyer again came up alongside her and stroked her face, hair, and nose and commented on her sunburn. Further, Worth testified that Tyer stuck his hand down her dress and placed it directly onto her breast. According to Worth, Tyer placed his hand approximately one inch away from her nipple and kept it there for...
To continue reading
Request your trial
-
Rangel v. Am. Med. Response W., 1:09-cv-01467-AWI-BAM
...to discriminatory changes in the terms and conditions of employment. See Faragher, supra, 524 U.S. at 788; see also Worth v. Tyler, 276 F.3d 249, 268 (7th Cir. 2001) ("There is no minimum number of incidents required to establish a hostile work environment . . . . Indeed, we have often reco......
-
State v. Philip Morris, Inc.
...in an ERISA case”). This is because it is “the court, not the parties, [who] must determine the standard of review[.]” Worth v. Tyer, 276 F.3d 249, 262 n. 4 (7th Cir.2001) (citation omitted). Therefore, “[s]uch a determination remains for this court to make for itself.” K & T Enterprises, I......
-
Caskey v. Colgate-Palmolive Co.
...the discrimination laws or might have directed the discriminatory act, practice, or policy of which she complains. Worth v. Tyer, 276 F.3d 249, 259-61 (7th Cir.2001). In Worth v. Tyer, the Seventh Circuit looked to the five factors of the "economic realities test" to determine whether an al......
-
Richardson v. Tricom Pictures & Productions, Inc.
...authorized or imposed in similar retaliatory discharge cases, which is relevant to the third Gore guidepost. See, e.g., Worth v. Tyer, 276 F.3d 249, 269 (7th Cir.2001) (upholding punitive damages award of $25,000.00); Rubinstein v. Administrators of Tulane Educ. Fund, 218 F.3d 392, 407 (5th......
-
Employment Relationship Defined
...the concepts of the case have been applied to other principles of Title VII liability. As the Seventh Circuit in Worth v. Tyer , 276 F.3d 249, 260 (7th Cir. 2001) stated, “nothing in Papa limits its application to the tiny employer context.” See also Jefferson , 2000 WL 28256, at *6-7. (“No......
-
Employment relationship defined
...the concepts of the case have been applied to other principles of Title VII liability. As the Seventh Circuit in Worth v. Tyer , 276 F.3d 249, 260 (7th Cir. 2001) stated, “nothing in Papa limits its application to the tiny employer context.” See also Jefferson , 2000 WL 28256, at *6-7. (“No......
-
Employment Relationship Defined
...liability, the concepts of the case have been applied to other principles of Title VII liability. As the Seventh Circuit in Worth v. Tyer, 276 F.3d 249, 260 (7th Cir. 2001) stated, “nothing in Papa limits its application to the tiny employer context.” See also Jefferson, 2000 WL 28256, at *......
-
Discovery
...identity and perpetrated a fraud, circumvented a statute, or accomplished some other wrongful or inequitable purpose. See Worth v. Tyer , 276 F.3d 249 (7th Cir. 2001). See also AFL–CIO v. Nor–Cal Plumbing, Inc. , 48 F.3d 1465, 1475 (9th Cir.1994) (“[T]he [veil-piercing] doctrine … allows cr......