Lisa L. Ocheltree v. Scollon Productions, Incorporated

308 F.3d 351, 2002 U.S. App. LEXIS 21145, 83 Empl. Prac. Dec. (CCH) 41,270, 89 Fair Empl. Prac. Cas. (BNA) 1810, 2002 WL 31261098
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 10, 2002
Docket01-1648
StatusPublished
Cited by12 cases

This text of 308 F.3d 351 (Lisa L. Ocheltree v. Scollon Productions, Incorporated) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lisa L. Ocheltree v. Scollon Productions, Incorporated, 308 F.3d 351, 2002 U.S. App. LEXIS 21145, 83 Empl. Prac. Dec. (CCH) 41,270, 89 Fair Empl. Prac. Cas. (BNA) 1810, 2002 WL 31261098 (4th Cir. 2002).

Opinions

Reversed and remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER joined. Judge MICHAEL, wrote an opinion dissenting in part and concurring in the judgment in part.

OPINION

WILLIAMS, Circuit Judge.

Lisa L. Ocheltree filed this action against her employer, Scollon Productions, Incorporated (Scollon Productions), alleging sexual harassment under Title VII of the Civil Rights Act of 1964, 42 U.S.C.A. § 2000e (West 1994 & Supp.2001). Following a jury trial, Ocheltree was awarded a substantial amount in compensatory and punitive damages. Scollon Productions appeals the district court’s denial - of its motion for judgment as a matter of law. Because we agree that “there is no legally sufficient evidentiary basis” for the jury’s verdict, Fed.R.Civ.P. 50(a)(1), we reverse and remand with instructions for the district court to enter judgment in favor of Scollon Productions.

I.

A.

Scollon Productions is in the business of creating costumes for various characters and mascots, such as the South Carolina Gamecock mascot.1 Bill Scollon (Scollon) began the company 31 years ago and is the President, and Ellery Locklear is the Vice-President. The company currently employs approximately 50 people and is operated from a plant that is located in White Rock, South Carolina. Ocheltree was employed in' the production shop of the plant from February 1994 until her discharge in August 1995.

Ocheltree testified to numerous incidents of offensive behavior during her employment at Scollon Productions. According to Ocheltree, some of the primarily male staff engaged in open conversations about sex, made comments about the sexual habits of others on the staff, used foul, [354]*354vulgar, and profane language, and told sexually-oriented jokes. Ocheltree also testified about specific incidents that occurred during her employment, including an incident when she witnessed employees pretending to perform oral sex and other sexual acts on a mannequin, another incident when employees showed Ocheltree a picture of pierced male genitalia and asked her what she thought about it, and finally, an incident when a co-worker sang her a song in which the lyrics were “come to me, oh baby, come to me, your breath smells like cum to me.” (J.A. at 114-15.) According to Ocheltree’s testimony, the shop supervisor, Harold Hirsch, showed a photograph of a nude woman around the shop and engaged in several sexually explicit conversations with Ocheltree’s male coworkers.

Brian Hodge, a former employee of Scollon Productions, corroborated portions of Ocheltree’s testimony, stating that there was a good deal of “vulgar language and vulgar attitude throughout the shop,” and that this type of conduct happened “every day.” (J.A. at 199-200, 204.) He also testified to overhearing employees discuss sexual acts and witnessed employees simulate sexually explicit acts on mannequins. Hodge stated that Hirsch was often present during these discussions and conduct, had participated in some of the discussions, and had once made a sexually explicit comment. Hodge testified that he recalled a safety meeting attended by Hirsch wherein Ocheltree let it be known that she was offended by the conduct and that she wanted the language and the conduct to stop immediately. Hodge testified that he “speculated” that the men engaged in some of the behavior to “bother[ ]” Ochel-tree, and that the behavior got worse after Ocheltree complained. (J.A. at 202-03.)

According to Ocheltree, she attempted to speak to Scollon and Locklear about the work environment on different occasions, but she was never given the opportunity to meet with either. On at least one occasion, Scollon told her that he did not have time to meet with her and instructed her to speak to Locklear. On another occasion, when Locklear was on the telephone, Ocheltree wrote him a note stating that she needed to speak with him, but she did not indicate what she needed to speak with him about. Locklear testified that after he concluded his conversation, he attempted to speak to Ocheltree about the note, but he could not find her because she was not at her work station. He made no further attempts to follow up with her; nor did Ocheltree make any further attempts to speak with Locklear or Scollon. In 1995, after approximately 18 months with Scol-lon Productions, Ocheltree was discharged for excessive absenteeism, excessive use of the telephone during working hours, and because her husband had threatened physical violence against Locklear.

B.

On April 25, 1996, Ocheltree filed a complaint against Scollon Productions in the United States District Court of South Carolina, alleging sexual harassment and violations of South Carolina state law. Following a report and recommendation by a magistrate judge, the district court granted Scollon Productions’s motion for summary judgment on all claims. In his report and recommendation, the magistrate judge found that there was no basis for imposing liability on Scollon Productions because neither Scollon nor Locklear, who were the only two members of the corporation active in day-to-day management, were aware of or should have known of the offending activity. The district court concluded that Ocheltree failed to object to the finding that neither Scollon nor Lock-lear knew of the offending activity, [355]*355adopted the magistrate judge’s recommendation, and granted summary judgment to Scollon Productions. Ocheltree filed a pro se appeal with this court.

Following briefing on the appeal, the Supreme Court issued its opinions in Burlington Indus. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), which held that an employer is vicariously liable for a hostile work environment created by a supervisor, subject to an affirmative defense that allows the employer to avoid strict liability for one employee’s sexual harassment of another.2 Faragher, 524 U.S. at 808, 118 S.Ct. 2275; Ellerth, 524 U.S. at 765, 118 S.Ct. 2257. Based upon Faragher and Ellerth, we vacated the district court’s judgment as to the hostile work environment claim and remanded. Ocheltree v. Scollon, 161 F.3d 3, 1998 WL 482783 (4th Cir. Aug.11, 1998). We affirmed the district court’s dismissal of Ocheltree’s state law claims because Ocheltree faded to preserve those issues on appeal. Id.

Upon remand, Scollon Productions filed three separate motions for summary judgment, each of which was denied by the district court. After the jury returned a special verdict in favor of Ocheltree for $7,280.00 in compensatory damages and $400,000 in punitive damages, Scollon Productions filed a motion for judgment as a matter of law, requesting the district court to set aside the jury verdict, or, in the alternative to reduce the damages award based upon the statutory cap on punitive and compensatory damages in 42 U.S.C.A. § 1981a(b)(3) (West 1994 & Supp.2001). The district court denied the motion to set aside the jury verdict but reduced the punitive and compensatory damages award to a total of $50,000 pursuant to § 1981a(b)(3)(A).

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308 F.3d 351, 2002 U.S. App. LEXIS 21145, 83 Empl. Prac. Dec. (CCH) 41,270, 89 Fair Empl. Prac. Cas. (BNA) 1810, 2002 WL 31261098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lisa-l-ocheltree-v-scollon-productions-incorporated-ca4-2002.