Layne v. Huish Detergents, Inc.

40 F. App'x 200
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 10, 2002
DocketNo. 00-6082
StatusPublished
Cited by1 cases

This text of 40 F. App'x 200 (Layne v. Huish Detergents, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Layne v. Huish Detergents, Inc., 40 F. App'x 200 (6th Cir. 2002).

Opinion

OPINION

TARNOW, District Judge.

Defendant Huish Detergents, Inc. (“Huish”) appeals the district court’s judgment for Plaintiff Barbara Layne. Layne, a former Huish employee, sued Huish in state court for sexual harassment and for firing her in retaliation for filing a sexual harassment complaint under Kentucky law. Huish removed the case to federal court upon the addition of a claim under [202]*202Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. After the district court dismissed Layne’s sexual harassment claim, a jury returned a verdict for Layne on her state-law retaliation claim. The jury awarded her $15,000 in compensatory damages and $100,000 in punitive damages. Huish appeals four issues: (1) whether the district court erred in admitting Layne’s testimony regarding various incidents of sexual harassment; (2) whether the evidence was sufficient to support the jury’s verdict; (3) whether the district court erred in instructing the jury with respect to punitive damages; and (4) whether the district court’s retaliation instruction was erroneous. We AFFIRM the judgment of the district court.

I. Background

Barbara Layne worked at Huish’s Bowling Green, Kentucky, detergent plant from February 1996 until November 4, 1996, when she was fired. In her lawsuit, she claimed that she was subjected to pervasive, degrading and humiliating sexual comments while employed at Huish. Layne claims that she brought many of the incidents to the attention of her immediate supervisor, Norris Ray, and that Ray spoke to the employees making the remarks in some cases. Ray, however, never followed Huish’s formal policy with respect to Layne’s complaints. Until November 1, 1996, Layne never attempted to take the matter to Huish’s human resources manager, Pam Pendleton.

On Friday, November 1, 1996, Layne was told by another Huish employee that there was a rumor circulating that Layne had engaged in sexual intercourse with two male Huish employees at a Halloween party. Upset by the comment, Layne was unable to perform her job responsibilities. When Ray tried to reassure Layne that he would discuss the matter with the employee spreading this rumor, Layne requested to speak to Pendleton. Ray arranged a meeting, which took place thirty minutes later. Layne told Pendleton that she wished to file a formal complaint. Layne then clocked out for the day and went home.

Layne worked Saturday but arrived late for work on Sunday, November 3, 1996. She claims that her alarm clock failed due to a power outage. When Layne arrived, Ray told her that she had an appointment with Pendleton at 8:00 a.m. the next morning (Monday) and that she should go home. At the meeting, on Monday, November 4, 1996, Pendleton informed Layne that she was being terminated for poor attendance. The attendance policy did not state explicitly how many absences or tardies were required before an employee would be terminated. The parties do not dispute that Layne had a poor attendance record. Layne admits to having missed or been tardy several days during her employment.

Pendleton testified that she was somewhat concerned about terminating Layne so soon after the filing of Layne’s complaint. But “the decision was finally made that regardless of that, we would take action with her as we would with any other employee with attendance problems of this nature.” Pendleton testified that in making this decision she reviewed Layne’s file and consulted with her supervisor, Dick Amos. Amos was also aware of the sexual harassment complaint.

Layne filed suit in Kentucky state court on October 31, 1997, alleging, inter alia, sexual harassment and retaliatory discharge under the Kentucky civil rights statute, Ky.Rev.Stat. § 344.010 et seq. Layne subsequently amended her complaint to add a federal Title VII claim, at which point Huish removed the case to federal court. Huish moved for summary judgment on all Layne’s claims. The dis-[203]*203triet court granted Huish’s motion with respect to the sexual harassment claim, holding that “the conduct at issue, while offensive, [did] not rise to the level of defining an objectively hostile work environment.” That court also held, however, that Layne had “established a prima facie case of retaliatory discharge.” The district court further concluded that Huish advanced a legitimate reason for firing Layne — chronic absenteeism. Layne had “presented evidence which raises a question of fact as to whether Huish’s proffered reason actually motivated the discharge.” (Emphasis in the original). Specifically, the district court noted “[t]he temporal proximity between the date of filing of the internal sexual harassment complaint and the date of termination make Layne’s discharge highly suspect.” Thus, the district court denied Huish summary judgment on Layne’s retaliatory discharge claim.

Prior to trial on this claim, Huish moved the court to exclude evidence relating to the details of the alleged sexual harassment. Huish argued that details of such alleged incidents were not relevant to Layne’s retaliatory firing claim. Further, Huish objected because there was a substantial risk of unfair prejudice from such evidence. Denying this motion, the Court limited Layne’s testimony to what she told Ray regarding the various incidents of alleged sexual harassment, because whether the incidents actually occurred was irrelevant to the underlying retaliation claim. During the trial, Huish’s counsel objected to Layne’s testimony with respect to questions aimed at the details of incidents underlying Layne’s complaints to Ray. In response, the district judge instructed Layne to testify to the substance of her complaints to Ray. The district court also admonished the jury:

Ladies and gentlemen, let me tell you what’s going on. We’re having some difficulty keeping things to the point. We want to make things as relevant for you as we can, but it’s difficult for the witness to testify about these events without giving some background to it.
So I want you to understand that when she makes statements about someone doing something to her or saying something to her ... this trial is not about whether those things actually happened[]. That’s not what this trial is about.
The trial is about whether she complained to Norris Ray about those things that she says happened. Because I’m not going to let the defendant come in here and try to deny all the allegations that were made[]. I am going to let them bring in Norris Ray, and he’ll testify to you about whether or not she complained or not.
So I just need you to understand that we’re not really concerned about the truth of the allegations that she made. We’re only concerned about the truth of whether she complained to her supervisor about things, and it’s those things that she’s going to testify to you about. But you don’t need to be too concerned about whether those things really happened.
She’s going to say they did. They would love to say they didn’t. But I don’t want this trial to last ten weeks, okay? So that’s what we’re doing, and I hope you understand that.

The jury rendered a verdict for Layne.

Huish moved the court for judgment as a matter of law, pursuant to Fed.R.Civ.P.

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Bluebook (online)
40 F. App'x 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/layne-v-huish-detergents-inc-ca6-2002.