Kristine Bosley v. Excel Corp.

165 F.3d 635, 51 Fed. R. Serv. 3d 193, 1999 U.S. App. LEXIS 572, 74 Empl. Prac. Dec. (CCH) 45,685, 78 Fair Empl. Prac. Cas. (BNA) 1844, 1999 WL 16392
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 19, 1999
Docket97-3505, 97-3626
StatusPublished
Cited by1 cases

This text of 165 F.3d 635 (Kristine Bosley v. Excel Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kristine Bosley v. Excel Corp., 165 F.3d 635, 51 Fed. R. Serv. 3d 193, 1999 U.S. App. LEXIS 572, 74 Empl. Prac. Dec. (CCH) 45,685, 78 Fair Empl. Prac. Cas. (BNA) 1844, 1999 WL 16392 (8th Cir. 1999).

Opinions

SIPPEL, District Judge.

Kristine Bosley was an Excel Corporation (Excel) employee from July, 1990 until Excel fired her on May 16, 1994. She filed suit in federal district court alleging that her ex-husband Rock Johnson (Johnson), also an Excel employee, had harassed her while she was at work, that the harassment created a hostile work environment, and that Excel discharged her in violation of Title VII, 42 U.S.C. § 2000e-2(a)(l) and the Iowa Civil Rights Act, Iowa Code Chapter 216 (ICRA). Bosley’s claims were tried to a jury.

The jury returned a verdict for Bosley on her claim for hostile work environment sexual harassment and awarded Bosley back pay. The jury advised against an award of front pay. The jury returned a verdict in favor of Excel on Bosley’s claim for disparate treatment sexual harassment. Following the trial, the district court1 denied Bosley’s request for front pay. On appeal, we affirm.

I.

The facts of this case, as they were presented to the jury, are discussed at length in the district court’s Ruling on Post-Trial Motions, and on Application for Attorney’s Fees and Expenses, see Bosley v. Excel Corporation, Civil No. 4-96-CV-20267 (S.D.Iowa Aug. 22, 1997), and we recount only those facts relevant to the determination of this case.

Bosley began working at Excel, a meat packing plant, in July 1990. Bosley was married to Johnson at that time. Johnson was also employed at Excel. Bosley separated from Johnson in 1993. Both continued to work at Excel. At trial, Bosley introduced testimony and other evidence that Johnson subjected her to sexual harassment during confrontations at work. There was also evidence that Bosley reported this harassment to Excel’s management, but that management personnel did little to investigate or end the harassment.

Bosley was a line worker on the kill floor at Excel. Her position was such that she was not allowed to leave her work station, even to use the restroom, without permission from a supervisor. Johnson was a “floater” at the plant. He worked at different workstations in the plant for absent employees. [638]*638He circulated regularly on the kill floor where Bosley worked.

The record is replete with evidence of the harassment suffered by Bosley. At various times at the workplace, in the presence of other co-workers, Johnson called Bosley “bitch”, “slut” or “whore”. Johnson also threatened to kill Bosley’s friend, now husband, Jeff Bosley. Bosley repeatedly reported the unwelcome harassment to the management at Excel. She also reported fear of Johnson’s temper.

Excel’s first action was to tell both Bosley and Johnson to keep their disputes at home. Later, following screaming matches on the kill floor, Bosley and Johnson were separated but neither was sanctioned. Johnson continued to harass Bosley even throwing meat and animal organs at her. This was a violation of work rules.

Beginning on May 4, 1994, Bosley took personal time off from work due to the stress of the harassment and other personal problems. She returned to work on May 9, 1994 to find Johnson once again, near her work station on the kill floor. Johnson continued his harassment calling her names such as “fucking bitch.” Bosley asked the floor supervisor to relieve her temporarily from her work station. The supervisor refused, despite knowledge of the harassment and Johnson’s proximity to Bosley. About fifteen minutes later, Bosley again requested permission to leave her work station. The supervisor denied her request again. Johnson continued to harass Bosley. In frustration, Bosley pushed Johnson once in the chest and told him to get out of the area and go back to his assignment. At that point, the supervisor intervened and escorted Johnson from the area.

After Bosley pushed Johnson, she was sent to a supervisor’s office. Physical contact between employees is a work rule violation. Bosley was placed under “indefinite suspension.” Bosley was upset. As she was leaving the work floor, Bosley saw Johnson in another room. Bosley believed that Johnson was not being sanctioned as strongly as she was, if at all. Bosley pushed past a supervisor to enter the room to talk to Johnson. This incident was reported as Bosley having struck a supervisor.

The events of May 9, 1994 formed the basis for the decision to terminate Bosley on May 16, 1994. Excel did not sanction Johnson for any of the events of May 9, 1994.

Bosley’s claims that Excel fired her in violation of Title VII were tried to a jury. Both Bosley’s claim of hostile work environment sexual harassment and disparate treatment based on sex were submitted. The jury returned a verdict for Bosley on her claim of hostile work environment sexual harassment and granted her back pay damages. The jury recommended against a front pay award. The jury found for Excel on Bosley’s claim of disparate treatment. In its Ruling on Post-Trial Motions, the district court denied Bosley’s request for front pay damages.

II.

On appeal Excel argues that the jury erred in awarding back pay to Bosley. Excel further argues that the district erroneously held that evidence of sexual relations between Johnson and Bosley was inadmissible. Bos-ley cross-appeals claiming that the district court’s denial of front pay damages was in error.

A Back Pay Issue

On appeal Excel argues that the facts in the record do not support the jury’s award of back pay to Bosley. Excel argues that because it had a legitimate reason for firing Bosley, the evidence did not support a finding that sexual harassment caused Bosley’s termination. Excel argues that without such a finding, back pay could not be awarded.

Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(m), an employee is entitled to relief if he or she proves that impermissible discrimination was a “motivating factor” in the employment decision, “even though other factors also motivated” the employer’s decision. Pedigo v. P.A.M. Transp., Inc., 60 F.3d 1300, 1301 (8th Cir.1995). The relief may include payments of front and back pay. Doane v. City of Omaha, 115 F.3d 624, 629 (8th Cir.1997).

[639]*639It is not necessary that the actual termination decision be motivated by discriminatory animus. Kientzy v. McDonnell Douglas, 990 F.2d 1051, 1060 (8th Cir.1993). If the decision making process is tainted by discrimination, the claimant is entitled to relief. Id. When an employee is fired because he acted to defend himself against harassment, which supervisors failed to take reasonable measures to prevent or correct, the termination process cannot be said to be free from discrimination. DeGrace v. Rumsfeld, 614 F.2d 796, 804 (1st Cir.1980); see also Kientzy v. McDonnell Douglas, 990 F.2d at 1060. This is so even if the ultimate decision maker was moved purely by a legitimate concern about personnel matters. Id.

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165 F.3d 635, 51 Fed. R. Serv. 3d 193, 1999 U.S. App. LEXIS 572, 74 Empl. Prac. Dec. (CCH) 45,685, 78 Fair Empl. Prac. Cas. (BNA) 1844, 1999 WL 16392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kristine-bosley-v-excel-corp-ca8-1999.