Fund, New York City, for plaintiff. Holshouser and William H. Plaintiff asserts defendants created and encouraged a sexually hostile, intimidating work environment. Her claim centers around the presence in the workplace of pictures of women in various stages of undress and in sexually suggestive or submissive poses, as well as remarks by male employees and supervisors which demean women.
Defendants dispute plaintiff's description of the work environment and maintain that, to the extent the work environment may be found to satisfy the legal definition of a hostile work
Case 7.2 jacksonville ship yards sexual harassment, they are not liable for the acts that give rise to such a description.
Defendants further contest the Court's authority to structure a remedy in the form sought by plaintiff. This non-jury action was tried by the Court over the course of eight days in January and Februarywith final arguments subsequently submitted in writing. Testimony was received from various persons who were involved in the events allegedly creating the hostile work environment.
The testimony of several witnesses was received in deposition form. Photographs and other documentary evidence were received. The Court has fully considered the believability of the testimony presented, including the credibility of witnesses, and has also carefully reviewed the photographs and other documentary evidence.
Based thereon, the Court finds that certain of the defendants violated Title VII through the maintenance of a sexually hostile work environment and thereby discriminated against plaintiff because of her sex. She has been a welder since Case 7.2 jacksonville ship yards sexual harassment Robinson is one of a very small number of female skilled craftworkers employed by JSI.
Between and the present, Robinson was promoted from third-class welder to second-class welder and from second-class welder to her present position as a first-class welder.
JSI is a Florida corporation that runs several shipyards engaged in the business of ship repair, including the Commercial Yard and the Mayport Yard. The Court takes judicial notice Case 7.2 jacksonville ship yards sexual harassment the closing and the reopening the Commercial Yard operation subsequent to the trial of this case.
JSI does ship repair work for the federal government Department of the Navy.
As a federal contractor, JSI has affirmative action and non-discrimination obligations. The Court is aware from news reports that McIlwain no longer holds this Case 7.2 jacksonville ship yards sexual harassment. In that capacity he was the highest-ranking officer at JSI; as such he had supervisory authority over Robinson throughout her employment at JSI.
During the time relevant Case 7.2 jacksonville ship yards sexual harassment this case, he oversaw the operations of the Commercial Yard and the Mayport Yard and formulated policies and regulations concerning the conduct and treatment of JSI employees at these two yards. He had and has supervisory authority over Robinson.
During that time, he was the highest ranking official and principal supervisor at the Mayport Yard. He retired from JSI in Owens "Owens" was a yard superintendent at the Mayport Yard from until He was not working at the time of the trial due to an injury. He was responsible for managing the daily operation of the Mayport Yard; he had supervisory authority over Robinson when she worked there. Lovett handled personnel problems in his shop, including reprimanding shipfitters at the Mayport Yard.
Defendant John Kiedrowski "Kiedrowski" was promoted from first-class welder to leaderman at JSI inand since that time he has held the position of either quarterman or leaderman.
Kiedrowski has Case 7.2 jacksonville ship yards sexual harassment limited supervisory authority over Robinson and has inspected her work. In January Kiedrowski was the most senior person in the welding department on the day shift at the Mayport Yard and aboard the U. In to a welding department, JSI's other craft departments include shipfitting, sheetmetal, electrical, Case 7.2 jacksonville ship yards sexual harassment, shipping and receiving including toolroomcarpenter, boilermaker, inside machine, outside machine, rigging, quality assurance and pipe.
Employees in these craft departments may be assigned to work at either the Mayport Yard, situated at the Case 7.2 jacksonville ship yards sexual harassment Naval Station, or the Commercial Yard, situated at a riverfront site in downtown Jacksonville and sometimes referred to as the downtown yard. The term "shop" has two meanings at the shipyards. The various craft departments are called shops. These departments also have permanent physical locations that are called shops.
A craft department may bear a nickname; for example, the shipfitters' shop is sometimes referred to as the fab shop. At Mayport, the shops are housed in several large buildings in the "backyard compound. This shipboard compound may range from approximately 30 feet by feet to 60 feet
Case 7.2 jacksonville ship yards sexual harassment feet.
The space between the trailers on either side of the compound is approximately wide enough to allow passage of a truck. Each trailer houses two temporary offices, about Case 7.2 jacksonville ship yards sexual harassment feet by twelve feet in size, which may be empty, or may contain office furniture for example, desks and bulletin boards.
Workers store their equipment in the trailers and congregate there with coworkers, both to socialize and for work-related reasons. Robinson's job assignments at the Mayport Yard have included "combination jobs," in which she sometimes works as a welder in combination with shipfitters. At times, Robinson been directed by her superiors to stand in front of the shipfitters' trailer to get her assignment from the shipfitters' leaderman.
When welders work with shipfitters at the Mayport Yard, it is not unusual for them to go into the shipfitters' trailer. Robinson has, for example, gone into the shipfitters' trailer to check on paperwork or her assignment. Accidents
Case 7.2 jacksonville ship yards sexual harassment a continuing risk and do happen; as defendant McIlwain noted, where individuals are working together, "one slip" could lead to someone getting hurt.
Welding, Robinson's profession, poses particular risks. Quartermen and leadermen at JSI are union bargaining unit employees who assign and check the work performed by craftworkers.
Quartermen are below foremen in authority, but a quarterman does the foreman's job when the foreman is absent from the work area. Leadermen are directly below quartermen in authority and look to quartermen as their immediate supervisors. Leadermen often are the senior persons in a shop in a work area. Leadermen, however, lack the authority to hire, fire, or promote other employees.
Leadermen cannot discipline other workers, id. Leadermen have no authority to resolve or adjust formal employee grievances. JSI is, in the words of its employees, "a boys club," 4 T. Women craftworkers are an extreme rarity. The company's EEO-1 reports from to typically show that women form less than 5 percent of the skilled crafts. For example, JSI reported employing 2 women and men as skilled craftworkers in7 women and 1, men as skilled craftworkers inand 6 women and men as skilled craftworkers in Henry Starling, a shift superintendent at the Commercial Yard, testified that on a busy shift he may see only 8 or 10 women, while seeing men; on a quiet shift he may see no women at all.
Leslie Albert, Lawanna Gail Banks, and Robinson each testified that she was the only woman in a crowd of men on occasions when each was sexually harassed at JSI. JSI has Case 7.2 jacksonville ship yards sexual harassment employed a woman as a leaderman, quarterman, assistant foreman, foreman, superintendent, or coordinator.
Pictures of nude and partially nude women appear throughout the JSI workplace in the form of magazines, plaques on the wall, photographs torn magazines and affixed to the wall or attached to calendars supplied by advertising tool supply companies "vendors' advertising calendars".
Two plaques consisting of pictures of naked women, affixed to wood and varnished, were introduced into evidence, Jt. Advertising calendars, such as Joint Exhibits Nos. JSI employees are free to post these advertising calendars in the workplace. It is not a condition of JSI's contracts with the vendors that the advertising calendars be posted.
Case 7.2 jacksonville ship yards sexual harassment as Joint Case 7.2 jacksonville ship yards sexual harassment No. in January Generally speaking, these calendars feature women in various stages of undress and in sexually suggestive or submissive poses.
JSI has never distributed nor tolerated the distribution of a calendar or calendars with pictures of nude or partially nude men. Ahlwardt stated that he has never seen a picture of a nude man at JSI and would be surprised to see one.
Lovett said that he would probably throw such a calendar in the trash. Welding foreman Fred Turner noted it was accepted at the shipyards for vendors to supply calendars of nude women, but he had never known of a vendor distributing a calendar of nude men and, if one did so, he would think the "son of a bitch" was "queer.
JSI employees are encouraged to request permission to post most kinds of materials; however, prior approval by the company is not required for the posting of advertising calendars with pictures of nude or partially nude women. JSI management has denied employees' requests to post political materials, advertisements and commercial materials. Bringing magazines and newspapers on the job is prohibited, 6 T. Although JSI employees are discouraged by management from reading on the job, they are not prohibited from tearing sexually suggestive or explicit pictures of women out of such magazines and displaying them on the Case 7.2 jacksonville ship yards sexual harassment walls at JSI.
Management employees from the very top down condoned these displays; often they had their own pictures. McIlwain, for example, has been aware for years of Case 7.2 jacksonville ship yards sexual harassment - and Penthouse -style pictures showing nude women posted in the workplace; he refused to issue a policy prohibiting Case 7.2 jacksonville ship yards sexual harassment display of such pictures.
Both Brown and Stewart have encountered pictures of Case 7.2 jacksonville ship yards sexual harassment or partially nude women in the work environment at JSI. Nevertheless, both men have concluded, and agreed with each other, that there is nothing wrong with pictures of naked or partially naked women being posted in the JSI workplace.
Ahlwardt kept a "pin-up" himself, 6 T. Coordinators, who are members of management, 6 T. Robinson credibly testified to the extensive, pervasive posting of pictures depicting nude women, partially nude women, or
Case 7.2 jacksonville ship yards sexual harassment conduct and to the occurrence of other forms of harassing behavior perpetrated by her male coworkers and supervisors. Her testimony covered the full term of her employment, from to The Court also recognizes some limitations in Robinson's testimony.
She tried to ignore some sexual comments. Her testimony included many episodes of harassment not previously Case 7.2 jacksonville ship yards sexual harassment in her answers to defendants' interrogatories because, as stated in those answers, the frequency with which the incidents occurred over the course of her employment made delineating every one a difficult task.
Case 7.2 jacksonville ship yards sexual harassment demeanor at trial reflected the emotional nature of her recollections. Moreover, the large number of male employees and the often surreptitious nature of the postings and graffiti writings left Case 7.2 jacksonville ship yards sexual harassment incapable of identifying many of her harassers.
Indeed, a perusal
Case 7.2 jacksonville ship yards sexual harassment her testimony and that of her coworkers reveals that many persons in the shipyards knew each other only by nicknames. These limitations, however, do not diminish the weight and the usefulness of the testimony.
The individual episodes illustrate and lend credibility to the broader Case 7.2 jacksonville ship yards sexual harassment of pervasiveness.
Robinson's testimony provides a vivid description of a visual assault on the sensibilities of female workers at JSI that did not during working hours. She credibly testified that the pervasiveness of the pictures Case 7.2 jacksonville ship yards sexual harassment her unable to recount every example, but those pictures which she did describe illustrate the extent of this aspect of the work environment at JSI.
She testified to seeing in the period prior to April 4,the three hundredth day prior to the filing of her EEOC charge:. Robinson's testimony concerning visual harassment in the period commencing April 4,includes:.