Joann S. Reed, Plaintiff-Appellee-Cross-Appellant v. A.W. Lawrence & Co., Inc., Defendant-Appellant-Cross-Appellee

95 F.3d 1170, 1996 U.S. App. LEXIS 23909, 72 Fair Empl. Prac. Cas. (BNA) 1345
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 11, 1996
Docket1121, 1467, Dockets 95-7770, 95-7831
StatusPublished
Cited by519 cases

This text of 95 F.3d 1170 (Joann S. Reed, Plaintiff-Appellee-Cross-Appellant v. A.W. Lawrence & Co., Inc., Defendant-Appellant-Cross-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joann S. Reed, Plaintiff-Appellee-Cross-Appellant v. A.W. Lawrence & Co., Inc., Defendant-Appellant-Cross-Appellee, 95 F.3d 1170, 1996 U.S. App. LEXIS 23909, 72 Fair Empl. Prac. Cas. (BNA) 1345 (2d Cir. 1996).

Opinions

JOSÉ A CABRANES, Circuit Judge:

In this appeal from a judgment entered by the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge), we consider, among other things, the factors necessary to establish a prima facie ease of retaliatory dis[1174]*1174charge. The plaintiff, Joann Reed (“Reed,” “plaintiff,” or “employee”), claimed that her former employer, A.W. Lawrence & Co., Inc. (“Lawrence,” “defendant,” or “employer”) discharged her in retaliation for complaining about a vulgar comment made to her by a coworker. Reed alleged that the employer’s response to her complaints — firing her — violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and N.Y. ExeC. Law § 290 et seq. (McKinney 1993). At the close of the plaintiffs case, the defendant moved for judgment as a matter of law. The district court deferred ruling on that motion and instructed the defendant to proceed with its case. Lawrence elected not to present any witnesses but, rather, to rely on the evidence presented by the plaintiff, its own cross-examination of witnesses and its opening and closing statements, as well as its motion for judgment as a matter of law.1

The jury returned a verdict for the plaintiff on her New York state law claims, awarding her back pay and compensatory damages. Following the return of the jury’s verdict, the defendant renewed its motion for judgment as a matter of law. In its Memorandum, Decision and Order of July 3, 1995, the district court denied the defendant’s motion and resolved the plaintiffs Title VII claims in favor of the plaintiff.2 The defendant appeals the district court’s denial of its motion and the award to Reed of “front pay” and attorneys’ fees. In its cross-appeal the plaintiff challenges the omission of pre-judgment interest in the judgment of the district court, the limitation on her front pay award, and the denial of a portion of her attorneys’ fees.

We affirm the judgment of the district court in all respects, other than with regard to the reduction of the award of attorneys’ fees by the amount attributable to the litigation of the fee award, and we remand for the sole purpose of having the district court recompute the award of attorneys’ fees and awarding pre-judgment interest in a maimer consistent with this opinion.

I. Background

Because the defendant rested without presenting any witnesses at trial, the facts we describe are drawn entirely from the record of the testimony of the plaintiffs witnesses, and of exhibits presented by both parties.

The plaintiff claims that she was fired by the defendant on October 1, 1991, in retaliation for voicing her objections to a comment made to her by a co-worker, Chuck Infanti-no. The defendant contends, in response, that the plaintiffs dismissal was due to the plaintiffs poor performance as well as the lack of profitability of the one-person office she operated for the defendant in Lake Placid, New York.

The defendant is part of an interrelated group of insurance companies known as the Lawrence Group and employs more than 500 employees. At the time she was fired, the plaintiff had worked for the defendant in several capacities over a period of five years, but from 1987 until she was dismissed in late 1991, she had operated the one-person Lake Placid office and had coordinated the defendant’s entry into the “sports insurance” market. In the spring of 1991, the plaintiff and [1175]*1175two other Lawrence employees, Infantino and Gerald Lumley, were part of a “team” assembled to prepare a competitive bid for the sports-insurance account of the World University Games.

The plaintiffs relationship with the other team members led ultimately to this lawsuit. The plaintiff believed that she was not “getting the proper credit for what she [did] and felt being a female she wasn’t as appreciated,” and consequently had difficulty working with her two male co-workers. She testified, in addition, that when working with Lumley on the World University Games project, he had told her that “[she] was acting like a bitch in heat and he was just not happy working with [her].” (Emphasis added.) On September 12, 1991, the plaintiff, Infantino, and Lumley agreed, after a meeting in Buffalo with Lawrence’s prospective client, that they would return to their respective home offices (Infantino worked in the defendant’s branch office in Syracuse and Lumley worked in the defendant’s head office in Schenectady) and each would “jot down [their] notes over the night, think about it, [and] hook up in the morning about what to put in the addendum.” The following morning, Infantino and the plaintiff engaged in a “heated telephone conversation,” which the plaintiff at trial described as follows:

So, the next morning I called Gary [Lum-ley], got some information. I called Chuck [Infantino] and said, okay, Chuck, let’s talk about the addendum and what do you want to put in. Chuck said, I have it all done, I will fax it to you, you can type it up and mail it out. 1 want it overnight to The World University Games. And frankly, I was irritated. I had wasted my time the night before working late thinking about what did I want in the addendum. So, I said, well, jeez, Chuck, like the good little secretary, I will type it up. And Chuck said to me, Joanne, if you think my pecker is getting in the way — and I just had it and I hung up the phone.

(Emphasis added.)3 Infantino called back later that morning; it is not disputed that he apologized to the plaintiff, but the record is unclear as to whether he apologized when he first called the plaintiff back or in a phone call to her home a few days later.

According to the plaintiff, five days after the “heated telephone conversation,” she discussed Infantino’s remark with Rita Harfield, a personal friend and a vice president of both Lawrence and another Lawrence Group company, because she was uncertain as to how to deal with Infantino’s “aggressive behavior” and because she believed that this latest in a series of incidents interfered with her working relationship with her co-workers. Har-field replied that the comment was vulgar and inappropriate, and advised the plaintiff to report it to the defendant’s personnel director. The plaintiff did not do so because, she claims, she was afraid of retaliation. Reed testified that she told Harfield, “I know what The Lawrence Group does to people like that, I heard stories about it. I know what happens with people in the company that complain about this.” Harfield nevertheless called Lawrence’s personnel director, Carmella Roberson, to report the incident. Harfield also spoke with Gary Keehfus, the plaintiffs supervisor and a close friend of Infantino. It is undisputed that at the time of the incident the defendant had no policy, written of otherwise, with respect to sexual harassment complaints.

Keehfus asked Roberson to arrange a meeting with the plaintiff and Infantino to discuss the incident. The plaintiff travelled at the request of Keehfus to the head office in Schenectady, on September 26, 1991, but claims that initially she believed that she had been summoned there to discuss marketing with Keehfus. ■ Upon her arrival, to the plaintiffs surprise, she met instead with Roberson to discuss Infantino’s comment and apology.

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Bluebook (online)
95 F.3d 1170, 1996 U.S. App. LEXIS 23909, 72 Fair Empl. Prac. Cas. (BNA) 1345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joann-s-reed-plaintiff-appellee-cross-appellant-v-aw-lawrence-co-ca2-1996.