Shirley A. Grow v. W.A. Thomas Company and Dennis Arquette

Grow began working for the Thomas Company in March 1994. Plaintiff testified that from the very beginning Arquette, her supervisor, subjected her to continuous sexual harassment. Plaintiff testified that Arquette's alleged conduct toward her included sexually explicit comments and unwanted kissing and groping. Plaintiff testified that she complained about Arquette's conduct to another supervisor and to the plant manager, and that these men personally witnessed some of Arquette's sexual conduct in the workplace, but that no action was taken to punish Arquette for the sexual harassment or to prevent further occurrences. Plaintiff testified that after Arquette began berating her for things such as her attitude, work output, and attendance record, she quit. Plaintiff testified that defendant sent her a copy of a newly formed sexual harassment policy and ordered her to return to work. Plaintiff complied, but found the harassment had turned from sexual to something more hostile. After four days back on the job, plaintiff quit again. Plaintiff filed a complaint alleging a hostile work environment pursuant to the Civil Rights Act. Defendants presented evidence regarding their investigation of Arquette's conduct, which failed to reveal any corroboration of plaintiff's allegations. Defendants also presented evidence that plaintiff, rather than Arquette, was the one who made crude, sexual comments and engaged in offensive behavior in the workplace. On defendants' motion, plaintiff's constructive discharge claim was summarily dismissed, thus leaving only her claim for emotional distress damages. A mediation evaluation for $125,000 was accepted by plaintiff and rejected by defendants.

After a six-day jury trial, the jury found defendants liable and awarded plaintiff $80,555 in emotional distress damages. The court awarded plaintiff $43,376.66 in attorney fees and costs, and $37,827.50 in mediation sanctions, bringing the total judgment to $192,684.

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Defendants appealed. The Michigan Court of Appeals affirmed in part, vacated judgment in part, and remanded for further proceedings. See: 601 N.W.2d 426 (Mich.App.1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.