Cheryl S. Conner v. Schrader-Bridgeport International, Incorporated

Citations: 227 F.3d 179; 2000 U.S. App. LEXIS 22995; 78 Empl. Prac. Dec. (CCH) 40,205; 84 Fair Empl. Prac. Cas. (BNA) 111; 2000 WL 1287904Docket: 98-2055

Court: Court of Appeals for the Fourth Circuit; September 13, 2000; Federal Appellate Court

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Cheryl Conner appealed a judgment from the U.S. District Court for the Western District of Virginia, which had vacated a jury verdict in her favor on a Title VII hostile work environment claim against her former employer, Schrader-Brideport International (SBI). The district court dismissed her claim of discriminatory discharge before trial. Following a five-day trial in late 1997, the jury found in favor of Conner on her hostile work environment and Equal Pay Act claims, awarding her $20,000 in compensatory damages and $500,000 in punitive damages for the hostile work environment claim, and $1,700 for the Equal Pay Act violation. However, the district court later granted SBI's motion for judgment as a matter of law on the hostile work environment claim and ordered a conditional new trial. Conner's appeal focused on the hostile work environment claim. The appellate court reversed the district court's decision, reinstating the jury's verdict in Conner's favor. The opinion was authored by Judge King, with Judges Motz and Copenhaver concurring.

In 1993, SBI relocated a production process to its Altavista plant, utilizing Acme-Gridley multi-spindle machines and establishing Department 710 for this purpose. Ms. Conner successfully completed a screening examination and enrolled in a community college training class for machine operators. After passing a hands-on examination, where she tied for the highest score, Ms. Conner claimed a hostile work environment based on several discriminatory actions against her, including lesser training opportunities, unauthorized disciplinary measures, increased job burdens, unequal mopping duties, verbal disparagement, forced embarrassment involving bloody pants, lack of investigation regarding her complaints, a lower pay rate, timed breaks, and threats of termination related to her discrimination claims.

When hired in May 1993 as a "craftsman" in Department 710, Ms. Conner, along with several men who had completed the same training, was placed directly into the department without the additional six months of one-on-one training received by male operators who were first placed in Department 767. This disparity in training was compounded by the behavior of George Schaefer, the foreman, who expressed that women did not belong in the workplace but acknowledged Ms. Conner's strong mechanical abilities. After an eight-week medical absence due to an auto accident, Ms. Conner returned to find she was not receiving the same training as her male counterparts. When her machine malfunctioned, supervisor Bruce Boyd would not demonstrate repairs or allow her to participate, and her requests for better training were dismissed by Schaefer, who cited her absenteeism.

Boyd provided informal training to male operators on specific procedures for operating Acme-Gridley machines, which varied depending on whether they processed round or hexagonal metal bars. While round bars could be forcefully loaded, hexagonal bars required careful handling. Ms. Conner received no guidance on loading hexagonal bars and was mocked by Boyd and Schaefer when her attempts failed, leading to physical pain and distress. Her brother, Jay Shelton, offered to help her outside of work hours, enabling her to learn the correct technique. Despite her improved performance, Boyd and Schaefer accused her of relying on Shelton and subsequently transferred her to a less favorable shift.

SBI allowed Ms. Conner to leave work early under certain conditions, but after she did so, Schaefer denied her a pay increase, reducing her hourly wage, despite company policy not authorizing pay alterations based on attendance issues. Ms. Conner had no prior disciplinary record in her nine years at SBI. The machines required specific training for optimal operation, typically involving one-on-one instruction on a single machine before advancing to more complex tasks. However, Schaefer frequently reassigned Ms. Conner to different machines, hindering her ability to build efficiency and productivity compared to her male colleagues.

From October 1994 to April 1995, Ms. Conner logged 139.3 hours on machine setup and unplanned tool adjustments, significantly more than her male counterparts in Department 710, who averaged between 12.1 and 82.5 hours. Her assignments involved operating Acme-Gridley machines producing dissimilar products, hindering her efficiency compared to male operators who worked on similar products, allowing them to leverage knowledge across machines for improved productivity. Location of machines further impacted Ms. Conner's performance, as her machines were spread apart, necessitating her to leave one unattended if issues arose, leading to missed production opportunities.

Job-related stress was exacerbated by a lack of support from her supervisor, Mr. Schaefer, who belittled her requests for help and assigned her to floor mopping duties instead of allowing her to operate her machine. Male operators, conversely, mopped only around their machines and were compensated with overtime pay for similar tasks. While Ms. Conner was subjected to ridicule from co-workers during her mopping assignments, male operators faced no such humiliation for their frustrations. Mr. Schaefer’s comments towards Ms. Conner included derogatory remarks about her emotional state, highlighting a gender-based disparity in treatment and support in the workplace.

Ms. Conner experienced daily headaches and nausea due to workplace humiliation and was unable to take prescribed medication due to safety warnings about operating heavy machinery. Despite her distress, she could not resign as she was the sole provider for her young son and feared losing her job at SBI. In January 1994, she was hospitalized for uterine hemorrhaging and continued to suffer from bleeding episodes at work until her termination in May 1995. When these episodes occurred, she often had to show her blood-stained clothing to her supervisor, Mr. Schaefer, who did not refer her to the on-site nurse for medical verification. Ms. Conner felt acute embarrassment during these incidents, which were visible to her co-workers.

She repeatedly complained about her treatment to the plant's personnel manager, Mr. Keller, citing unreasonable differential treatment from her supervisors. Despite SBI's "Anti-Harassment Policy," which mandated thorough investigations of complaints, Keller failed to observe her treatment or review her labor activity sheets, which showed she spent significantly more time on machine setups compared to her male counterparts. Instead, he only discussed her situation with her supervisors and concluded that she was not treated differently.

In March 1994, although Ms. Conner's attendance and production were rated as satisfactory and she was recognized as one of the top employees, she was denied a pay raise that was given to less experienced male operators. She sought clarification from Mr. Schaefer regarding her non-classification in the higher pay grade for machine setups, which she regularly performed, often going above and beyond by assisting male operators on her days off.

Mr. Schaefer instructed Ms. Conner to comply with directives without question or leave her position. From October 1994 to April 1995, male machine operators hired after Ms. Conner received $10.47 per hour for skilled tasks, while she earned only $9.44 per hour, despite performing these tasks more frequently. After oversleeping on September 9, 1994, Ms. Conner informed the plant of her tardiness but received a written warning from Mr. Keller regarding her attendance, which included thirty-six absences (twenty medically excused and five vacation days). In November 1994, Schaefer rated Ms. Conner's attendance and production as "satisfactory," noting improvement. 

In late 1994, Mr. Boyd monitored Ms. Conner's breaks with a stopwatch for about six weeks, while not timing male operators. On January 3, 1995, Schaefer evaluated Ms. Conner’s performance as "barely meets requirements" without acknowledging her disproportionate workload. In early January, she was disciplined for returning eight minutes late from a break, while male operators were not reprimanded for longer breaks. 

On January 18, 1995, Ms. Conner met with Martin Giudice, the president, regarding employment condition disparities. Giudice, after reviewing her record, planned to criticize her attendance. During the January 23 meeting, he dismissed her concerns and warned her against mentioning discrimination, threatening immediate termination if she did. Ms. Conner left the meeting visibly upset, as observed by Stacey Haskins.

SBI provided evidence at trial that Mr. Keller authored a memorandum regarding a January 1995 meeting where Ms. Conner expressed concerns about being unfairly monitored and disciplined. The memorandum, which did not include any response to her complaint or mention sexual discrimination, stated that Mr. Giudice warned Ms. Conner about her "unacceptable" attendance, threatening termination if her behavior did not change. Both Giudice and Keller signed the document, which was added to Ms. Conner's employment record without her knowledge or review. On May 30, 1995, SBI terminated Ms. Conner’s employment, citing excessive absences as the reason. Keller testified that 34% of her 1994 absences were on Mondays, suggesting a pattern linked to weekend activities, but he did not analyze similar data for male operators. When he did, he found higher percentages of absences on workdays associated with weekends for male operators. 

The legal standard for reviewing a district court's grant of judgment as a matter of law requires that evidence must favor the non-moving party, allowing for the possibility of a jury verdict for that party if sufficient evidence exists. A sexual harassment claim based on a hostile work environment requires proof of unwelcome conduct based on sex that is severe or pervasive enough to alter the conditions of employment and attributable to the employer. The first and fourth elements were not disputed, while the district court rejected SBI's claim that Ms. Conner's lack of evidence for "sexual nature" conduct invalidated her claim. The critical issue on appeal pertains to whether the harassment was severe or pervasive enough to be actionable under Title VII, based on the standards set by the Supreme Court in Harris, which considers both objective and subjective assessments of the work environment. Ms. Conner contends the district court erred in finding that the alleged harassment was not actionable during the relevant period.

The district court's post-trial decision identified nine categories of conduct towards Ms. Conner: 1) male employees mocked her machine malfunction; 2) her supervisor made inappropriate comments about her personal life; 3) she and other women were condescended to while mopping floors after machine breakdowns; 4) she faced disciplinary action for absences; 5) she was forced to remove bloodstained rags; 6) her bathroom use was timed; 7) she was assigned to distant machines requiring excessive movement; 8) she received less training than male counterparts; and 9) her complaints were met with threats of termination. The court erred by analyzing these incidents separately instead of considering the "totality of the circumstances," as required by precedent. It concluded that only the inappropriate comments were potentially severe, dismissing other behaviors as merely "unpleasant" rather than discriminatory. The court also incorrectly ruled some of Ms. Conner's evidence as "irrelevant and prejudicial," contradicting its earlier decision to admit this evidence during trial. Furthermore, the court claimed the work environment's physical demands made such comments insufficient for harassment, misunderstanding that Ms. Conner's claim was based on gender discrimination rather than the nature of the work itself. The ruling suggests there is no "inhospitable environment" exception under Title VII, which prohibits gender-based discrimination in the workplace.

Title VII prohibits gender-based discrimination in employment, specifically concerning female applicants for "contact" prison guard positions in a male maximum-security prison. The prevailing workplace culture, characterized by violence and disorganization, does not justify discriminatory actions against women, who are entitled to the same legal protections as those in less hostile environments. The burden is on the employer to demonstrate that any gender distinctions are necessary for business operations. The determination of whether Ms. Conner faced unlawful discrimination rests on whether her treatment would have differed if she were male. The jury must consider the conditions at the Altavista plant, recognized as a challenging workplace where employees were not treated kindly.

Additionally, the district court found issues with SBI's handling of Ms. Conner's uterine hemorrhaging, particularly regarding Shaeffer's request for her to show him her bloodied pants instead of a nurse, which was seen in light of her attendance record. Although the district court expressed concerns about the relevance of this evidence, it was deemed highly relevant and probative. The court had already admitted this evidence during the trial, and its probative value was not significantly outweighed by the risk of unfair prejudice. The record indicates minimal emphasis on this issue during the trial, contradicting the district court's assertions of overemphasis.

Furthermore, the district court erred by not applying the Harris test to evaluate whether the unwelcome conduct was severe or pervasive and failed to assess the totality of the evidence correctly. A reevaluation under the Harris criteria indicates sufficient evidence for a jury to find an actionable hostile work environment at the Altavista plant, particularly with ample evidence of frequent unwelcome conduct.

Evidence presented shows that Ms. Conner faced systemic discrimination and harassment in her workplace. Key points include:

1. **Workplace Treatment**: Ms. Conner was subjected to ridicule and mockery from her supervisors and coworkers while being assigned to mop the entire floor multiple times weekly. Unlike her male counterparts, she was not allowed time to clean up before breaks and was monitored with a stopwatch during breaks for about six weeks.

2. **Unequal Work Assignments**: Her work assignments were consistently more arduous compared to male operators, particularly in the advanced tasks of tool setting and machine setup, which they received training on and were promoted for, while she was not.

3. **Wage Discrepancies**: From November 1993 until her termination in May 1995, Ms. Conner experienced a significant pay disparity despite being recognized as one of the most capable employees. She even worked on her days off to assist male colleagues with advanced tasks for which they were paid more.

4. **Inappropriate Conduct**: Ms. Conner was subjected to inappropriate comments regarding her menstrual cycle and personal life by a supervisor, Schaefer, who made repeated derogatory remarks.

5. **Physical Distress**: On approximately ten occasions, she was forced to prove her physical distress related to uterine hemorrhaging to her supervisor before being allowed to leave the factory floor.

6. **Comparison to Precedent Cases**: The nature and frequency of the unwelcome conduct towards Ms. Conner were likened to the circumstances in *Amirmokri v. Baltimore Gas and Elec. Co.*, where derogatory nicknames were used almost daily, contrasting with the isolated incidents in *Hartsell v. Duplex Products, Inc.*.

7. **Severity of Hostile Conduct**: The severity of the unwelcome conduct was underscored by Ms. Conner being denied essential training, leading to assignments that were disproportionately difficult compared to her male peers.

Overall, the evidence illustrates a clear pattern of gender-based discrimination and harassment, establishing a hostile work environment for Ms. Conner.

Ms. Conner engaged in skilled tasks and assisted less skilled male coworkers while receiving lower pay. She faced selective disciplinary actions for absences, and her complaints about these disparities were ignored by management. An invasive requirement mandated that she expose her menstrual blood to a male coworker, which was deemed severe. This situation was exacerbated by derogatory comments from the same coworker questioning her menstrual status, contributing to a hostile work environment. Further humiliating remarks were made publicly, including inquiries about her sexual activity. Additionally, she experienced mocking behavior from colleagues while performing her duties. The cumulative effect of these incidents, along with a significant intimidation episode where a manager threatened her over complaints of discrimination, indicated a work environment that was both humiliating and abusive, thus supporting claims of a hostile work environment against the employer.

Schaefer's leadership included mocking Ms. Conner while she performed gendered tasks, such as mopping, which male counterparts were exempt from. To address medical needs, Ms. Conner was required to publicly display her gynecological bleeding to Schaefer, who humiliated her with questions like, "Are you on the rag?" The district court's reasoning that Schaefer's actions were solely for medical verification is flawed due to his denial of the incidents and the inability of visual inspection to confirm a medical issue, as menstruation is a normal bodily function. Such humiliating requirements, particularly in view of other employees, contributed to a hostile work environment.

The evidence also indicated that Ms. Conner faced unreasonable interference with her work performance. SBI failed to provide adequate training, denying her the same opportunities as male machine operators, which hindered her ability to develop necessary job skills. Her job assignments were less favorable, forcing her to operate separate machines that produced different parts and requiring her to perform menial tasks like mopping while men continued production. 

Additionally, the psychological impact of her treatment was significant, as she experienced profound humiliation and stress due to gender-based discrimination, placing her in a more stressful work environment compared to her male peers. The jury's verdict was supported by evidence of this unwelcome and disparately adverse treatment.

Ms. Conner experienced physical pain from injuries sustained while improperly loading hexagonal bars due to inadequate training by her supervisors. This led to psychological distress, including daily headaches and nausea from humiliation, for which she sought medical treatment. The fear of job loss heightened her stress. During a meeting with the plant manager, Mr. Giudice, she was verbally abused and threatened with immediate termination, resulting in her emotional breakdown. Evidence presented supported the jury's finding of a hostile work environment in Department 710, particularly towards women, corroborated by similar experiences of other female employees. The jury's determination that the conduct was severe and pervasive was upheld as a factual finding. The district court's decision to grant a conditional new trial was reviewed for abuse of discretion, particularly focusing on the sufficiency of evidence concerning the hostile work environment. The court found that the district court failed to apply the correct legal standard in its evaluation, constituting an abuse of discretion, leading to a reversal of the conditional new trial order.

The district court granted a conditional new trial based on its assessment that the jury's verdict was influenced by "passion, whim, and emotion." It found Ms. Conner's testimony regarding Mr. Schaefer's comments and a meeting with Mr. Giudice to be not credible, and it mistakenly identified certain evidence as irrelevant and prejudicial, concluding that the damages awarded were excessive. However, a review of the evidence shows substantial corroboration of Ms. Conner's claims, indicating that even minor inconsistencies should not undermine the jury's assessment of facts and witness credibility. The jury's decision was supported by reasonable inferences drawn from the totality of circumstances, which suggested Ms. Conner was subjected to a gender-based abusive work environment.

The court's belief that the jury was exposed to irrelevant or prejudicial evidence was incorrect, and its ruling represented an abuse of discretion. As for the damages, the appellate review determined that a compensatory award of $20,000 was reasonable for the discrimination experienced by Ms. Conner. The standards for punitive damages require a demonstration of the employer's malice or reckless indifference to the plaintiff's rights, which aligns with statutory provisions regarding such awards.

Punitive damages require a certain state of mind, and employers do not need to demonstrate egregious conduct to be liable. Under the Kolstad standard, sufficient evidence supported the jury's punitive damages award, but the amount exceeded legal limits, necessitating remand for factual clarification (capped at $300,000 under 42 U.S.C. § 1981a(c)). The district court's judgment favoring SBI and its conditional new trial award were reversed, and the case is remanded for reinstatement of the jury's verdict and further proceedings.

The excerpt details conditions in a work environment involving Acme-Gridley machines, emphasizing the hazardous nature of the job, including oil exposure and heavy lifting. It highlights gender discrimination in training practices, noting that men received additional training not afforded to female operators. Specific instances are provided, such as the lack of training for female employees Debra Rorer and Stacey Haskins, and the dismissive behavior of male coworkers towards their training and capabilities.

Mr. Shelton, a machine operator at Acme-Gridley, observed employees in Department 710 mocking Ms. Conner while she struggled with loading machines, and noted their lack of assistance. Machine operators who adjusted machine settings for different parts, referred to as "set-ups," received higher pay due to their enhanced skill level. During a specific period, Ms. Haskins dedicated 131.3 hours to such tasks. Mr. Schaefer assigned female operators, including Ms. Rorer and Ms. Haskins, to mop the floors during their shifts, which impeded their ability to operate machines; Ms. Rorer mopped about three times weekly. Schaefer also made derogatory comments to Ms. Haskins, contributing to her emotional distress. Both Ms. Haskins and Ms. Rorer earned lower wages than their male counterparts performing similar tasks and faced stagnant pay progression. Ms. Haskins earned $8.53 per hour, while Ms. Rorer earned $8.08. Ms. Conner raised concerns about her pay relative to male co-worker Noel Farrell, who had a history of tardiness but faced minimal discipline. After Ms. Conner took two days off for a family death, she was suspended without pay, while Farrell received a written warning for tardiness shortly after. Schaefer inaccurately asserted that Ms. Conner had the worst attendance record, despite her having 36 unexcused absences, similar to or fewer than male operators Shelton and Harvey. Shelton's absences were deemed average, and Farrell's attendance records were shown to be overstated.

Mr. Schaefer did not discipline male machine operator Richard Harvey despite multiple incidents of inappropriate and potentially harmful behavior, including sharpening a knife while being reprimanded and throwing a knocker rod. Schaefer expressed feeling intimidated by Harvey's actions. Following a meeting regarding harassment, Giudice questioned Ms. Haskins about her experiences of sexual harassment, reiterating an open-door policy for discussions. The court acknowledged that actionable discrimination encompasses broader conduct related to gender, which was supported by evidence of derogatory comments directed at Ms. Conner and unequal treatment of female operators regarding cleaning duties. The district court deemed the evidence relevant and admissible, rejecting claims that it should have imposed limitations on its use. Additionally, the court found no justification for Schaefer's requirement for medical verification from Conner given the company's policy and the lack of evidence for physical inspections. SBI's arguments against the harassment claims were dismissed, including the assertion that the claims exceeded the scope of the EEOC charge, that the harassment was time-barred, and that the charge was improperly filed. Conner's actions were deemed appropriately related to her EEOC charge, and the court confirmed that she had properly filed her complaint with the Virginia Council on Human Rights, consistent with the agencies' agreement.

The district court's dismissal of two points in Ms. Conner's testimony is contested. First, Ms. Conner reported that Schaefer made inappropriate remarks about ten to twenty times per month, which does not conflict with her earlier deposition testimony used for impeachment. Second, the court questioned Ms. Conner's credibility regarding a meeting with Giudice, where Giudice and Keller claimed sexual harassment was not discussed. The court favored their testimony, citing a contemporaneous memorandum, and found it hard to believe Ms. Conner's account, particularly due to Ms. Haskins' credible testimony that Giudice met with her shortly after to ensure she felt unharassed. However, the jury interpreted the evidence differently, considering the memorandum was created in anticipation of litigation, Giudice's follow-up meeting may have been a response to Ms. Conner's discrimination claims, and Ms. Conner's emotional reaction indicated possible intimidation regarding her claims. The jury's decision to award less than the claimed damages for the Equal Pay Act suggests careful consideration of the evidence, particularly as it adhered to Title VII's recovery limits despite the Equal Pay Act allowing broader recovery. The district court's reliance on a vacated standard from the Kolstad decision and the unresolved issue of damages maximum under 42 U.S.C. § 1981a further complicates the situation.