Stewart v. Cartessa Corp.

771 F. Supp. 876, 1990 U.S. Dist. LEXIS 16946, 57 Empl. Prac. Dec. (CCH) 41,119, 57 Fair Empl. Prac. Cas. (BNA) 1717, 1990 WL 305073
CourtDistrict Court, S.D. Ohio
DecidedJanuary 4, 1990
DocketCiv. A. No. C-1-88-558
StatusPublished
Cited by4 cases

This text of 771 F. Supp. 876 (Stewart v. Cartessa Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stewart v. Cartessa Corp., 771 F. Supp. 876, 1990 U.S. Dist. LEXIS 16946, 57 Empl. Prac. Dec. (CCH) 41,119, 57 Fair Empl. Prac. Cas. (BNA) 1717, 1990 WL 305073 (S.D. Ohio 1990).

Opinion

FINDINGS OF FACT, DECISION AND CONCLUSIONS OF LAW

JACK SHERMAN, Jr., United States Magistrate Judge.

This matter is before the Court upon consent of the parties for a final disposition (doc. 32). Trial to the Court occurred on Monday, July 24 through Monday, July 31, 1989. Counsel for both parties waived closing argument at the close of the trial and submitted post-trial briefs on August 18, 1989.

On June 21, 1988 plaintiffs Scott and Michele Stewart brought this action against Cartessa Corporation, Mrs. Stewart’s former employer, and against an employee of that company, David Kristof, for sexual harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and for assault, battery, intentional infliction of emotional distress and breach of contract related to the sexual harassment. On June 2, 1989, United States District Court Judge Herman J. Weber dismissed involuntarily and without prejudice plaintiffs’ state law claims for lack of subject matter jurisdiction. The remaining action tried before this Court is the alleged violation of Title VII of the Civil Rights Act of 1964, id,., by Cartessa Corporation against Michele Stewart.

In accordance with Federal Rule of Civil Procedure 52(a), this Court does hereby state its findings of fact, decision and conclusions of law.

FINDINGS OF FACT

1. Defendant Cartessa Corporation (Cartessa) is an Ohio corporation doing business in the State of Ohio within the district of this Court. It is engaged in the production and distribution of electronic components and is an employer within the meaning of Title VII of the Civil Rights Act of 1964, 45 U.S.C. §§ 2000e(b), (g), and (h).

2. Plaintiff Michele Stewart, a female, was employed by Cartessa as an assembler from June 15, 1987 until January 29, 1988.

3. All parties herein are citizens of the United States and of the State of Ohio and are residents of the geographical jurisdiction of this Court.

4. Plaintiffs Scott and Michele Stewart are, and at all times relevant to this case have been, husband and wife.

5. David Kristof was an employee of Cartessa throughout the period of employment of plaintiff Michele Stewart, and is the son of the owner and president of Cartessa, Joachim A. Kristof.

6. At no time during Michele Stewart’s employment did Cartessa ever maintain any formal or informal employment policy prohibiting sexual harassment or creating a mechanism specifically for the purpose of addressing complaints or incidents of sexual harassment.

7. When Michele Stewart began work at Cartessa, she received training for several weeks by David Kristof. During this training period and at other times during the course of her employment, David Kristof and plaintiff Michele Stewart engaged in conversation of an instructional and of a social nature.

8. Throughout the period of plaintiff Michele Stewart’s employment at Cartessa, she engaged in conversation of a general and personal nature with co-workers. These conversations on occasion included David Kristof.

9. The physical layout of the work environment at Cartessa was such that all assemblers sat at a long table with separate work stations. David Kristof sat at the table end on one side and plaintiff, Michele Stewart, sat at approximately the middle of the table on the opposite side of David Kristof.

10. Approximately two weeks after Michele Stewart commenced employment with Cartessa, David Kristof began staring at her; following her around to the kitchen, to the bathroom, to a back work room, and on several occasions to her car; grabbing her; [879]*879touching her shoulders, hands, arms, hips, and on one occasion her breast, all against her will.

11. On several occasions David Kristof hugged and squeezed Michele Stewart, and on several other occasions played music of a romantic nature directed toward her at the workplace when she was not free to leave, all against her will.

12. Michele Stewart communicated to David Kristof on a number of occasions not to approach her in the ways mentioned above and that his touching, approaches, and his extraordinary attention to her were clearly unwanted. Michele Stewart’s requests to David Kristof that he desist began during July 1987.

13. Michele Stewart complained of David Kristof’s conduct toward her to Rebecca Sunderhaus, who was the office manager for Cartessa and David Kristof’s sister. This complaint took place no later than October 1987. Rebecca Sunderhaus took no action in response to Michele Stewart’s complaints.

14. Michele Stewart complained on two occasions to Darryl Kristof, who was Cartessa’s production manager and also David Kristof’s brother. As production manager, Darryl Kristof supervised the work of approximately a dozen assemblers in the factory, including Michele Stewart and David Kristof. The complaints to Darryl Kristof occurred during the month of December 1987.

15. In response to Michele Stewart’s first complaint to him, Darryl Kristoff made no investigation, and made no inquiry of his brother. Instead, Darryl Kristof responded to Michele Stewart’s complaints by telling her that he could understand why David Kristof was so attracted to her, telling her, “If you weren’t married, I would ask you out myself.”

16. When David Kristof’s conduct did not stop, Michele Stewart approached Darryl Kristof a second time. When she asked him if he had done anything about the situation, Darryl responded that he had spoken to his father, Joachim Kristof, the owner and president of the company, who had expressed amusement that his “38-year old son was finally falling in love and with a married woman.”

17. At no time did David Kristof make any express comments of a sexual nature, make a request for sexual favors of Michele Stewart or request that they socialize outside of the workplace.

18. On one occasion David Kristof provided Michele Stewart with a note of apology for his conduct. On a second occasion he provided Michele Stewart with a note of apology for an insensitive statement which he had made to her.

19. During the course of her employment at Cartessa and as a result of her contact with David Kristof and the conduct he exhibited, Michele Stewart suffered from severe mental, physical and emotional trauma including loss of weight, loss of appetite, headaches, rashes, chest pains, a spastic colon, sleep disorders, depression, agoraphobia, sexual dysfunction, and vomiting.

20. Michele Stewart did not return to Cartessa after January 29, 1988. She has sought comparable employment, but has been unsuccessful because of a carryover of symptoms experienced while employed at Cartessa. At the time of trial she was engaged in odd jobs, such as cutting grass and babysitting.

21. On or about February 5, 1988 Michele Stewart and her sister-in-law, Lisa Stewart, met with Joachim Kristof to discuss her situation at Cartessa. At that meeting David Kristof was called in by his father, Joachim Kristof, who advised him that his behavior would not be tolerated and advised Michele Stewart that no further harassment would take place.

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771 F. Supp. 876, 1990 U.S. Dist. LEXIS 16946, 57 Empl. Prac. Dec. (CCH) 41,119, 57 Fair Empl. Prac. Cas. (BNA) 1717, 1990 WL 305073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-cartessa-corp-ohsd-1990.