Full opinion text
MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT URBOM, Senior District Judge. This case is now before me on a motion for summary judgment filed by the defendant, The Dial Corporation (hereinafter Dial). Filing 70. In its complaint, the plaintiff Equal Employment Opportunity Commission (hereinafter EEOC) alleges that Dial has engaged in a pattern or practice of tolerating sexual harassment and “sex-based” harassment at its Aurora, Illinois, manufacturing plant since at least July of 1988. Filing 1 ¶7. The EEOC seeks equitable relief, as well as compensatory and punitive damages for those women affected by Dial’s unlawful employment practices. Id. ¶¶ A-I. Dial has moved for summary judgment with respect to both the pattern-or-practice and individual claims. After carefully reviewing the materials submitted by both parties, I find that Dial’s motion will be granted in part and denied in part. I. Background Beverly J. Allen, a Dial employee at the Aurora manufacturing plant, filed a Charge of Discrimination with the EEOC on February 5, 1996. Charge of Discrimination, Alen Dep. at Ex. 12 (filing 98, tab A). In this charge, Alen alleged that from 1992 until December of 1995, she had been sexually harassed by a co-worker, Paul Jones, and that she had been retaliated against for complaining of such harassment to her supervisor. Id. In accordance with 42 U.S.C. § 2000e-5(b), the EEOC notified Dial of the charge and began investigating Alen’s allegations. On March 16, 1998, the EEOC issued a Letter of Determination finding that it had “reasonable cause to believe that [Dial] discriminated against females, as a class, including [Beverly Alen], in that they were subjected to sexual harassment and when they complained [Dial] failed to take prompt, effective action.” Letter of Determination, Bañas Deal, at Ex. 1 (filing 98, tab Z). The parties then engaged in efforts to conciliate the claims. These efforts failed, and the EEOC subsequently filed suit on May 20,1999. In its complaint, the EEOC alleges that “[slince at least July 1988, [Dial] has engaged in a pattern and practice of unlawful employment practices at its facilities, in violation of Section 703(a)(1) and Section 707 of Title VII, 42 U.S.C. § 2000e-2(a)(l) and -6.” Complaint ¶ 7, filing 1. According to the EEOC: These practices include, but are not limited to, engaging in intentional discrimination against Alen and a class of female employees by subjecting them to sexual and sex-based harassment and failing to take prompt remedial action intended to eliminate the harassment after [Dial] became aware of the illegal behavior, all in continuing violation of Section 703(a) and Section 707 of Title VII, 42 U.S.C. § 2000e-2(a) and -6. Id. In terms of equitable relief, the EEOC seeks (1) a permanent injunction barring Dial from engaging in discrimination on the basis of sex; (2) an order directing Dial “to institute and carry out policies, practices and programs which provide equal employment opportunities for women, and which eradicate the effects of its past and present unlawful employment practices”; (3) an order directing Dial to provide sexual harassment training to its officers, managers, and employees; and (4) backpay, with prejudgment interest, for the .class of female employees affected by Dial’s unlawful practices, including Beverly Allen. Id. 1HIA, B, G, C. The EEOC also seeks compensatory and punitive damages on behalf of Allen and the other class members, as well as its costs. Id. ¶¶ D, E, F, I- II. Standard for Summary Judgment A motion for summary judgment shall be granted when “there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). A “material” fact is one “that might affect the outcome of the suit under the governing law ....” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A “genuine” issue of matetial fact exists when there is sufficient evidence favoring the party opposing the motion for a jury to return a verdict for that party. Id. In determining whether a genuine issue of material fact exists, the evidence is to be taken in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). If the moving party meets the initial burden of establishing the nonexistence of a genuine issue, the burden then shifts to the opposing party to produce evidence of the existence of a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The opposing party “may not rest upon mere allegation or denials of his pleading, but must set forth specific facts showing that there is a genuine issue for trial,” and “must present affirmative evidence in order to defeat a properly supported motion for summary judgment.” Anderson, 477 U.S. at 256, 257, 106 S.Ct. 2505 (citations omitted) (citing Fed. R. Civ. P. 56(e)). III. Analysis In moving for summary judgment, Dial asserts that the “EEOC’s pattern and practice claim is deficient in numerous respects, any one of which entitles Dial to judgment as a matter of law.” Defendant’s Motion for Summary Judgment ¶ 9, filing 70; Defendant’s Memorandum of Law in Support of its Motion for Summary Judgment [hereinafter Defendant’s Memorandum] at 1, filing 94 (contending that “[the] EEOC’s case fails procedurally and substantively as a matter of law”). According to Dial, these “deficiencies” include the following: (1) the EEOC’s attempt to base its pattern-or-practice claim on Beverly Allen’s individual charge circumvents Title VII’s administrative charge process; (2) Allen’s individual charge does not provide a sufficient basis for the EEOC’s pattern-or-practice claim because (a) the charge was untimely, and (b) her claim fails on the merits as a matter of law; (3) the pattern-or-practice theory of Title VII liability is not viable in sexual harassment cases generally or in this case specifically; (4) the litigation model proposed by the EEOC violates Dial’s rights under the Seventh Amendment; (5) even if the EEOC’s theory is cognizable under Title VII, the agency cannot show that Dial had a “standard operating procedure” of tolerating sexual harassment; (6) all or most of the individual claims for relief must fail because (a) the claims are untimely, (b) the conduct complained of does not rise to the level of actionable sexual harassment, and/or (c) there is no basis for holding Dial liable for the conduct; (7) those class members who have executed valid Title VII releases cannot recover damages; and (8) even if there is some question as to the validity of these releases, the doctrine of ratification bars such class members from recovering damages. Defendant’s Motion for Summary Judgment ¶ 9(a)-(h), filing 70. After first reviewing the elements of a hostile environment sexual harassment claim, as well as Title VII’s general framework, I will discuss each of Dial’s arguments below. A. Elements of a Hostile Environment Sexual Harassment Claim Title VII of the Civil Rights Act of 1964 makes it unlawful “for an employer ... to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin .... ” 42 U.S.C. § 2000e-2(a)(l). It is well-settled that “sex discrimination” includes sexual harassment that is so “severe or pervasive” as “ ‘to alter the conditions of [the victim’s] employment’” and create a hostile working environment. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986) (citation omitted); EEOC v. Mitsubishi Motor Mfg. of America, Inc., 990 F.Supp. 1059, 1070-71 (C.D.Ill.1998). In order to establish a prima facie case of hostile environment sexual harassment, a plaintiff must demonstrate the following: (1) she was subjected to unwelcome sexual harassment in the form of sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; (2) the harassment was based on sex; (3) the sexual harassment had the effect of unreasonably interfering with the plaintiffs work performance in creating an intimidating, hostile or offensive working environment ...; and (4) there is a basis for employer liability. Parkins v. Civil Constructors of Illinois, Inc., 163 F.3d 1027, 1032 (7th Cir.1998) (citations omitted). In determining whether the alleged sexual harassment is severe or pervasive enough to constitute a hostile work environment, courts must consider the “totality of the circumstances.” See Meritor, 477 U.S. at 69, 106 S.Ct. 2399; Harris v. Forklift Sys., Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). Factors that may be relevant in making this determination include “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Harris, 510 U.S. at 23, 114 S.Ct. 367. In addition, the conduct at issue must be tested against both an objective and subjective standard. See Meritor, 477 U.S. at 67-68, 106 S.Ct. 2399; Harris, 510 U.S. at 22, 114 S.Ct. 367. Thus, “the trier of fact must find both that an objectively reasonable person would find the environment hostile and that the victim, herself, subjectively perceived the environment as hostile.” Mitsubishi 990 F.Supp. at 1071 (citing Harris, 510 U.S. at 21-22, 114 S.Ct. 367); see also Faragher v. Boca Raton, 524 U.S. 775, 787, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (“[A] sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so”). An employer’s liability for hostile environment sexual harassment depends upon whether the alleged harassers were supervisors or co-employees. Parkins, 163 F.3d at 1032. With respect to co-worker harassment, “employers are liable only when they have been negligent either in discovering or remedying the harassment.” See Perry v. Harris Chernin, Inc., 126 F.3d 1010, 1013 (7th Cir.1997) (citations omitted); see also Zimmerman v. Cook County Sheriff’s Dep’t, 96 F.3d 1017, 1018 (7th Cir.1996) (“The liability of an employer for sexual harassment by one nonsuper-visory employee of another is not strict. The plaintiff must prove that the employer was negligent in having failed to discover and prevent it.” (citations omitted)). Where the harasser is a supervisor, an employer’s liability is automatic “when the supervisor’s harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment.” Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 765, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998) (explaining that “[n]o affirmative defense” is available in such cases); Faragher, 524 U.S. at 807, 118 S.Ct. 2275 (same). However, in those cases where the employee has not suffered any tangible job consequences, the employer may avoid liability by demonstrating “(a) that [it] exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.” See Ellerth, 524 U.S. at 765, 118 S.Ct. 2257; Faragher, 524 U.S. at 807, 118 S.Ct. 2275; Johnson v. West, 218 F.3d 725, 730 (7th Cir.2000). B. Title VII’s General Framework Title VII, as originally drafted, limited the EEOC’s role in eliminating unlawful employment practices to “ ‘informal methods of conference, conciliation, and persuasion.’” General Tel. Co. v. EEOC, 446 U.S. 318, 325, 100 S.Ct. 1698, 64 L.Ed.2d 319 (1980); see also EEOC v. Harvey L. Walner & Associates, 91 F.3d 963, 968 (7th Cir.1996) (“The goal of Title VII, as originally drafted, was to encourage the private settlement of claims as an informal means toward the end of eliminating discrimination without overburdening the courts or EEOC.”). As a result, “[c]ivil actions for enforcement upon the EEOC’s inability to secure voluntary compliance could be filed only by the aggrieved person.” General Tel. Co., 446 U.S. at 325, 100 S.Ct. 1698 (citing § 706(e), 78 Stat. 260). Recognizing that “these informal mechanisms were proving unequal to the task,” Congress expanded the EEOC’s enforcement powers with its 1972 amendments, which authorized the EEOC to initiate civil actions in federal court against private employers reasonably suspected of violating Title VII. See Walner, 91 F.3d at 967-68; General Tel. Co., 446 U.S. at 325-26, 100 S.Ct. 1698; 42 U.S.C. §§ 2000e-5(f), -6(e). These amendments, however, “retained the previous emphasis on administrative resolution and conciliation of charges.” EEOC v. American Nat. Bank, 652 F.2d 1176, 1185 (4th Cir.1981); see 42 U.S.C. § 2000e-5(b). Thus, before the EEOC may bring suit in federal court against a private employer, there must be a charge filed with the EEOC, notice of the charge served on the employer, an investigation by the EEOC, a determination of reasonable cause, and an effort at conciliation. American Nat. Bank, 652 F.2d at 1185; 42 U.S.C. § 2000e-5(b). Section 706 of Title VII provides that a charge may be filed “by or on behalf of a person claiming to be aggrieved, or by a member of the Commission .... ” 42 U.S.C. § 2000e-5(b). Such a charge must be filed within a certain time frame after the alleged discrimination has occurred. See id. § 2000e-5(e)(l). In deferral states, such as Illinois, the charge filing period is 300 days, or 30 days after the charging party receives notice that the state or local agency has terminated its proceedings, whichever is earlier. See id.; Walner, 91 F.3d at 968. The timely filing of an EEOC charge is not, however, “a jurisdictional prerequisite to filing a federal lawsuit, but rather, is more akin to a statute of limitations and subject to waiver, estop-pel, and equitable tolling under appropriate circumstances.” Hentosh v. Herman M. Finch Univ., 167 F.3d 1170, 1174 (7th Cir.1999) (citing Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982)); see also Mirza v. Department of Treasury, 875 F.Supp. 513, 517 (N.D.Ill.1995) (“These administrative filing requirements [of Title VII and the ADEA] are not jurisdictional prerequisites which pose an absolute bar to suit, but rather ‘conditions precedent,’ similar to statutes of limitations, which are subject to equitable modification.” (citing Perkins v. Silverstein, 939 F.2d 463, 469-70 (7th Cir.1991))). After a charge has been filed, the EEOC notifies the employer of the charge and begins an investigation. 42 U.S.C. § 2000e~5(b), (e)(1) (requiring notice to be served on the employer within ten days after the charge is filed). The purpose of this investigation is to ascertain whether “there is reasonable cause to believe that the charge is true ....” Id. § 2000e-5(b). If the EEOC determines that reasonable cause does, indeed, exist, it must then engage in efforts to eliminate the offending practice through “conference, conciliation, and persuasion.” Id. Should the EEOC’s efforts to conciliate fail, it may then file a civil action in federal court. Id. § 2000e-5(f). Finally, § 707 of Title VII grants the EEOC authority “to investigate and act on a charge of a pattern or practice of discrimination, whether filed by or on behalf of a person claiming to be aggrieved or by a member of the Commission.” Id. § 2000e-6(f). Thus, the EEOC may institute a “pattern-or-practice” case on its own initiative, ie., by the filing of a Commissioner’s charge. Such cases must “be conducted in accordance with the procedures set forth in [42 U.S.C. § 2000e-5].” Id. C. Pattem^or-Practice Liability 1. Compliance with Title VII’s Administrative Requirements In moving for summary judgment, Dial first argues that the EEOC’s attempt to base its pattern-or-practice claim on Beverly Allen’s charge circumvents Title VII’s administrative charge process. According to Dial, it was not properly notified of the class-based allegations against it until the EEOC issued its Letter of Determination. In addition, Dial asserts that with the exception of Beverly Allen, it was not informed of either the identity of the claimants or the facts underlying their claims at any stage during the administrative process, and was therefore denied an opportunity to engage in “meaningful conciliation.” See Defendant’s Memorandum at 7, 9, filing 94, Thus, Dial concludes, EEOC’s pattern-or-practice claim must fail. In supporting its argument, Dial first directs me to the “scope-of-the-charge” doctrine, which prevents plaintiffs from basing a Title VII case on claims that are not “like or reasonably related to” the charge allegations. Cheek v. Western & Southern Life Ins. Co., 31 F.3d 497, 500 (7th Cir.1994); see EEOC v. United Parcel Serv., 94 F.3d 314, 318 (7th Cir.1996); EEOC v. World’s Finest Chocolate, Inc., 701 F.Supp. 637, 640 (N.D.Ill.1988). As a result of this doctrine, Dial asserts, “no lawsuit alleging a class-wide Title VII violation can proceed unless the employer was given notice of such a violation in the administrative charge.” Defendant’s Memorandum at 7, filing 94 (citing Schnellbaecher v. Baskin Clothing Co., 887 F.2d 124, 127-28 (7th Cir.1989); Maclin v. Northern Telecom, Inc., No. 95 C 7485, 1996 WL 495558, at *3 (N.D.Ill. Aug.28, 1996); White v. Mercy Hosp. & Med. Ctr., No. 93 C 7097, 1994 WL 249545, at *2 (N.D.Ill. June 7, 1994); Latuga v. Hooters, Inc., No. 93 C 7709,1994 WL 113079, at *2 (N.D.Ill. April 1, 1994); Hoffman v. R.I. Enters., Inc., 50 F.Supp.2d 393, 401 (M.D.Pa.1999)). In this case, Beverly Allen’s charge does not allege that any other female employees at Dial were sexually harassed. Dial also notes that on the “Notice of Charge of Discrimination” form that the EEOC sent to Dial along with Allen’s charge, the box labeled “claims to be aggrieved” was marked, while the box labeled “is filing on behalf of another” was not marked. Finally, Dial also contends that the EEOC’s investigation was not “broad-based,” as it was limited to Allen’s “narrow charge. allegations.” Defendant’s Memorandum at 8, filing 94. Thus, Dial concludes, “[bjecause Allen’s charge and [the] EEOC’s investigation failed to. put Dial on notice of any agency intention to bring a class-wide claim, EEOC’s pattern and practice claim must be dismissed.” Id. (citation omitted). I disagree. As an initial matter, Dial has not persuaded me that “no lawsuit alleging a class-wide Title VII violation can proceed unless the employer was given notice of such a violation in the administrative charge.” See id. at 7; see also Defendant’s Reply Memorandum of Law in Support of its Motion for Summary Judgment [hereinafter Defendant’s Reply] at 3, filing 190 (“EEOC’s contention that Allen’s charge gave Dial sufficient notice of its class-based pattern and practice claim is disingenuous.”). As the EEOC correctly notes in its response, each of the cases on which Dial relies to support this proposition involve scenarios where a private plaintiff attempts to expand an individual charge into a class lawsuit. See Plaintiff EEOC’s Memorandum in Opposition to Defendant Dial’s Motion for Summary Judgment [hereinafter Plaintiffs Memorandum] at 41-42, 42 n. 20, filing 174. Furthermore, according to the Seventh Circuit, “[the] EEOC may allege in a complaint whatever unlawful conduct it has uncovered during the course of its investigation, provided that there is a reasonable nexus between the initial charge and the subsequent allegations in the complaint.” Walner, 91 F.3d at 968 (citing EEOC v. United Parcel Serv., 860 F.2d 372, 374 (10th Cir.1988); EEOC v. McLean Trucking Co., 525 F.2d 1007, 1010 n. 10 (6th Cir.1975)). Thus, “[i]t may, to the extent warranted by an investigation reasonably related in scope to the allegations of the underlying charge, seek relief on behalf of individuals beyond the charging parties who are identified during the investigation.” United Parcel Serv., 94 F.3d at 318 (citing Cheek, 31 F.3d at 500); see U.S. EEOC v. General Motors Corp., 826 F.Supp. 1122, 1127 (N.D.Ill.1993) (stating that “the EEOC may properly bring a claim based on discrimination against a class of individuals where such a claim arises out of the investigation of an individual charge”); see also EEOC v. General Elec. Co., 532 F.2d 359, 366 (4th Cir.1976), cited with approval in General Tel. Co., 446 U.S. at 331, 100 S.Ct. 1698 (“In other words, the original charge is sufficient to support action by the EEOC as well as a civil suit under the Act for any discrimination stated in the charge itself or developed in the course of a reasonable investigation of that charge, provided such discrimination was included in the reasonable cause determination of the EEOC and was followed by compliance with the conciliation procedures fixed in the Act.”). Here, Allen alleged that she was the victim of a sexually hostile work environment. The EEOC then broadened the scope of Allen’s charge by alleging that Dial engaged in a pattern or practice of tolerating sexual harassment. It seems to me that there is, indeed, a “reasonable nexus” between Allen’s charge and the pattern-or-practice allegations in the EEOC’s complaint. See Walner, 91 F.3d at 968; General Motors Corp., 826 F.Supp. at 1127; see also EEOC v. Keco Indus. Inc., 748 F.2d 1097, 1101 (6th Cir.1984) (“[T]he EEOC has merely broadened the scope of the [individual’s] charge by alleging that [the defendant] has engaged in sexual discrimination against all of its female employees in its assembly division. Consequently, the only difference between the EEOC’s later charge and [the individual’s] initial charge is the number of persons victimized by [the defendant’s] allegedly discriminatory practices.”). Likewise, it appears that the class-based claim could reasonably have been expected to grow out of Allen’s initial complaint of sexual harassment. See, e.g., Keco Indus. Inc., 748 F.2d at 1101 (“[Since the] later class-based claim brought by the EEOC could have reasonably been expected to grow out of [the charging party’s] individual complaint of discrimination, no new additional proceedings were necessary.”). Thus, I am not persuaded that the scope-of-the-charge doctrine bars the EEOC’s pattern-or-practice claim. In its reply brief, however, Dial suggests that the EEOC’s class-based action did not, in fact, grow out of its investigation of Allen’s charge. According to Dial, the EEOC made no effort to identify class members until several months after it filed the present action, when it sent a letter to approximately 400 current and former female employees who had worked at the Aurora plant at any time since 1988, notifying them of the lawsuit and seeking “to identify any female employees who were affected by sex harassment and who may be entitled to recover in this lawsuit.” See Defendant’s Reply 3-4, filing 190; Defendant’s Local Rule 56.1 Statement of Material Facts As To Which There Is No Genuine Issue [hereinafter Defendant’s Statement of Facts] ¶ 91, filing 96. Thus, Dial concludes, “[the] EEOC’s pattern and practice claim is based upon the individual claimants’ responses to its solicitation letter, not Allen’s charge.” Defendant’s Reply at 4, filing 190. I do not find Dial’s argument persuasive. As an initial matter, Dial simply has not directed me to any relevant authority indicating that the EEOC violated its statutory “notice” obligation in failing to identify every class member during the administrative process. See, e.g., EEOC v. Shell Oil Co., 466 U.S. 54, 74, 104 S.Ct. 1621, 80 L.Ed.2d 41 (1984) (“[T]he principal objective of the [notice] provision seems to have been to provide employers fair notice that accusations of discrimination have been leveled against them and that they can soon expect an investigation by the EEOC.”); World’s Finest Chocolate, 701 F.Supp. at 640 (“The notice requirement was ‘designed to ensure that the employer was given some idea of the nature of the charge; the requirement was not envisioned as a substantive constraint on the Commission’s investigative authority.’ ” (quoting Shell Oil Co., 466 U.S. at 75, 104 S.Ct. 1621)). In addition, to the extent Dial argues that the EEOC’s investigation did not actually reveal class-wide discrimination, Dial’s claim must fail. During its investigation of Allen’s complaint, the EEOC requested, inter alia, “[c]opies of all sexual harassment complaints, investigations and results of the investigations filed by employees since April 23, 1991.” Defendant’s Statement of Facts ¶ 85, filing 96. According to Dial, “[it] provided [the] EEOC with the requested information.” See id. ¶ 86. There is no reason for me to doubt that it was the EEOC’s review of these documents, as well as other evidence, which led it to find “reasonable cause” to believe that Dial had engaged in class-wide discrimination by subjecting women to sexual harassment and by failing to take “prompt, effective action” in response to sexual harassment complaints. Letter of Determination, Bañas Decl. at Ex 1 (filing 98, tab Z). Furthermore, this reasonable cause determination is not subject to judicial review. See Walner, 91 F.3d at 968 n. 3 (“This determination of reasonable cause is only an administrative prerequisite to a court action and has no legally binding significance in subsequent litigation.” (citation omitted)); EEOC v. St. Anne’s Hosp., 664 F.2d 128, 131 (7th Cir.1981) (rejecting defendant’s claim that the EEOC failed to investigate adequately a particular claim and noting that “[a] reasonable cause determination is not to adjudicate a claim but to notify an employer of the Commission’s findings”); EEOC v. Chicago Miniature Lamp Works, 526 F.Supp. 974, 975 (N.D.Ill.1981) (rejecting defendant’s request “to look behind [the] EEOC’s express finding of broad-scale discrimination to decide whether [the] EEOC had any reasonablé basis for making that finding,” and noting that “Title VII’s statutory scheme clearly indicates that no such procedure was intended by Congress”); Keco Indus., Inc., 748 F.2d at 1100 (concluding that the district court erred in “inquir[ing] into the sufficiency of the Commission’s investigation” (citing St. Anne’s Hosp., 664 F.2d at 128; General Elec. Co., 532 F.2d at 359; Chicago Miniature Lamp Works, 526 F.Supp. at 974)); General Elec. Co., 532 F.2d at 370 (“[The EEOC’s] proceedings are not binding on the employer and they are not reviewable.”). Thus, despite Dial’s assertions to the contrary, I have no grounds for concluding that the EEOC’s class-based action did not, in fact, “gr[o]w out of its investigation of Allen’s charge.” See Defendant’s Reply at 4, filing 190. Next, Dial argues that because it was not informed of either the identity of the other claimants or the facts supporting their claims at any stage of the administrative process, it was denied the opportunity to conciliate these claims. See Defendant’s Memorandum at 9, filing 94; Defendant’s Reply at 5, filing 190. In response, the EEOC contends that Dial did, indeed, have an opportunity to conciliate all of the claims, and that “[i]t was Dial’s refusal to even offer any reasonable relief for the charging party, much less the other members of the class, that impeded the conciliation process.” Plaintiffs Memorandum at 43, filing 174. After reviewing the material submitted by both parties, I am persuaded that the EEOC satisfied its statutory obligation to conciliate. The EEOC is charged with making a “good faith” effort to conciliate before filing suit. See EEOC v. First Midwest Bank, N.A, 14 F.Supp.2d 1028, 1031 (N.D.Ill.1998) (citing Keco Indus., Inc., 748 F.2d at 1102; EEOC v. Zia Co., 582 F.2d 527, 533 (10th Cir.1978)). Conciliation, however, is “ ‘a flexible and responsive process which necessarily differs from case to case.’ ” Id. (quoting EEOC v. Prudential Fed. Sav. & Loan Ass’n, 763 F.2d 1166, 1169 (10th Cir.1985), cert. denied, 474 U.S. 946, 106 S.Ct. 312, 88 L.Ed.2d 289 (1985)). Thus, “ ‘[t]he EEOC may make a sufficient initial effort without undertaking exhaustive investigations or proving discrimination to the employer’s satisfaction ... so long as it makes a sincere and reasonable effort to negotiate by providing an “adequate opportunity to respond to all charges and negotiate possible settlements.” ’ ” Id. (quoting Prudential, 763 F.2d at 1169; Marshall v. Hartford Fire. Ins. Co., 78 F.R.D. 97, 107 (D.Conn.1978)). The judiciary’s role in reviewing the conciliation process is limited, as “the form and substance of the EEOC’s conciliation proposals” are within the agency’s discretion and, therefore, immune from judicial second-guessing. See id. (citing Keco Indus., Inc., 748 F.2d at 1102; EEOC v. Acorn Niles Corp., No. 93 C 5981, 1995 WL 519976, at *6 (N.D.Ill. Aug.30,1995)). Based on the evidence presented, it appears to me that the EEOC has satisfied its statutory duty to make “a sincere and reasonable effort to negotiate.” See id. (quoting Prudential, 763 F.2d at 1169). The record shows that on March 16, 1998, EEOC investigator Norma Hill contacted Dial’s in-house counsel, Margaret Bañas, and advised Bañas that (1) the EEOC was planning to issue its finding of reasonable cause that day, and (2) the EEOC was seeking relief on behalf of Allen and a class of females. See Defendant’s Statement of Facts ¶ 87, filing 96; Plaintiffs Response to Defendant’s Local Rule 56.1 Statement of Material Facts [hereinafter Plaintiffs Response to Defendant’s Statement of Facts] ¶87, filing 175. During this conversation, Bañas apparently requested that Hill identify the class members. See Defendant’s Statement of Facts ¶ 87, filing 96; Plaintiffs Response to Defendant’s Statement of Facts ¶ 87, filing 175. According to Dial, Hill responded that she did not know who the class members were, and that their identities would have to be determined during discovery. See Defendant’s Statement of Facts ¶ 87, filing 96. The EEOC, however, denies that Hill responded in this fashion. In her declaration, Hill states the following: I told [Bañas] that [the class members] were yet to be identified. I told her the class would include those mentioned in the investigation but might also include other women.... I did not tell her that the identities of the other class members would have to be determined in discovery. Declaration of Norma Hill ¶ 9 (filing 176, tab 117). The EEOC’s Letter of Determination, issued on March 16, 1998, invited Dial to engage in conciliation efforts by submitting proposed terms. See Letter of Determination at 2, Bañas Decl. at Ex. 1 (filing 98, tab Z). Dial accepted the invitation and, by letter dated March 26, 1998, proposed to “conduct sexual harassment training of all supervisory personnel as well as distribute and review the Company’s existing sexual harassment policy with all employees, both within an agreed upon time period.” Letter from M. Margaret Bañas, Senior Attorney, to Daniel McGuire, EEOC (March 26, 1998), Hill Decl. at Ex. E (filing 176, tab 117). Dial also proposed to “continue [its] practice of posting the sexual harassment policy on Company bulletin boards.” Id. After discussing this offer with Bañas, Hill advised her that the agency was seeking $300,000 on Beverly Allen’s behalf. Defendant’s Statement of Facts ¶ 89, filing 96; Declaration of Norma Hill ¶ 12 (filing 176, tab 117). Hill also indicated that “[the] EEOC would want a notice posted and changes made in Dial’s sexual harassment policy.” Plaintiffs Response to Defendant’s Statement of Facts ¶ 89, filing 175 (citing Declaration of Norma Hill ¶ 12 (filing 176, tab 117)); see also Defendant’s Reply to the Additional Facts Alleged in Plaintiffs Response to Defendant’s Local Rule 56.1 Statement of Material Facts As To Which There Is No Genuine Issue [hereinafter Defendant’s Reply to Plaintiffs Response] ¶ 89, filing 192 (admitting, for purposes of summary judgment, that Hill proposed such changes). The parties did not, however, discuss the matter of monetary compensation for class members other than Allen. By letter dated May 26, 1998, Dial responded to the EEOC’s counterproposal by offering to pay Allen $5,000. Letter from M. Margaret Bañas, Senior Attorney, to Norma Hill, EEOC (May 26, 1998), Hill Decl. at Ex. F (filing 176, tab 117). Dial also agreed to train supervisory personnel, distribute its sexual harassment policy to all employees, and continue posting the policy. Id. Allen rejected the $5,000 offer, and Hill then notified Bañas that conciliation efforts had failed. Declaration of Norma Hill ¶ 14 (filing 176, tab 117). After examining the facts outlined above, I am persuaded that the EEOC did, indeed, attempt to conciliate with Dial pursuant to its statutory obligation. Its conciliation efforts were permissibly premised upon individual as well as class-based claims. Both parties had the opportunity to put their respective proposals on the table before the EEOC determined that conciliation would be futile. Once Dial rejected the EEOC’s counterproposal, the “EEOC had no further duty at that point to conciliate any further.” See General Motors Corp., 826 F.Supp. at 1127; see EEOC v. Rymer Foods, Inc., No. 88 C 10680, 1989 WL 88243, at *1 (N.D.Ill. July 81, 1989) (“The EEOC is under no obligation to attempt further conciliation once the employer rejects the EEOC’s offer.” (citing Keco Indus., Inc., 748 F.2d at 1101—1102; EEOC v. Sears, Roebuck & Co., 504 F.Supp. 241, 262 (N.D.Ill.1980))). Despite Dial’s assertion to the contrary, I simply am not convinced that the EEOC failure to identify every class member during the conciliation process rendered to its efforts to conciliate inadequate. I recognize that there is a disputed question of fact as to whether Hill advised Bañas that the class would include those women mentioned during the course of its investigation. Nevertheless, even if Hill did not offer such advice, Dial could reasonably surmise that the class would include, at a minimum, those women referred to in the materials it had supplied to the EEOC in response to the agency’s requests for information. Thus, this is not a case where the employer was forced to make a conciliation proposal “in an evidentiary vacuum.” See First Midwest Bank, 14 F.Supp.2d at 1032 (concluding that the EEOC did not engage in a good faith effort to conciliate where, inter alia, the EEOC expected the employer to submit a proposal without any information regarding the class of women against whom the employer allegedly discriminated). I therefore find that the EEOC satisfied its statutory duty to conciliate its claims before filing suit. In summary, I find that the EEOC has fulfilled Title YII’s requirements with respect to notice and conciliation. In accordance with 42 U.S.C. § 2000e-5(b), the EEOC notified Dial of Allen’s sexual harassment charge and began an investigation. The EEOC permissibly broadened the scope of its investigation when it discovered evidence suggesting that Dial had engaged in class-wide discrimination by subjecting women to sexual harassment and by failing to take “prompt, effective action” in response to sexual harassment complaints. Letter of Determination, Banas Deck at Ex. 1 (filing 98, tab Z); see Walner, 91 F.3d at 968; United Parcel Serv., 94 F.3d at 318; General Motors Corp., 826 F.Supp. at 1127. The EEOC then issued a Letter of Determination, advising Dial that it intended to seek relief on behalf of Allen as well as other class members, and thereafter engaged in good faith, albeit unsuccessful, efforts to conciliate the claims. Thus, for the reasons outlined above, Dial’s motion for summary judgment is denied, to the extent it is based on the EEOC’s alleged failure to satisfy its statutory obligations with respect to notice and conciliation. Next, Dial argues that the EEOC’s case lacks the requisite timely underlying charge. Dial asserts that since Beverly Allen filed her charge on February 5,1996, there must have been an actionable violation within 300 days of that date, i.e., April 5, 1995, for the charge to be timely. See Defendant’s Memorandum at 11, filing 94. According to Dial, “the only acts about which Allen complains which could give rise to a Title VII claim undisputedly occurred before February 1995,” and the EEOC is therefore forced to rely on a continuing violation theory “in an attempt to resurrect Allen’s time-barred allegations.” Id. at 11-12 (emphasis in original). However, Dial continues, this theory fails because (1) as noted above, there was no actionable occurrence within the 300-day period, and (2) Allen believed she had been the victim of harassment well before April of 1995, and, therefore, could not “reach back and base her suit also on conduct that occurred outside the [300-day limitations period]; for she had no excuse for waiting that long.” Id. at 12; Galloway v. General Motors Serv. Parts Operations, 78 F.3d 1164, 1167 (7th Cir.1996) (citations omitted); see also Garrison v. Burke, 165 F.3d 565, 569-70 (7th Cir.1999) (“Acts that fall outside the statute of limitations may be joined to an act within the statute only if a reasonable person in the position of the plaintiff would not have known, at the time the untimely acts occurred, that she had a claim; rather, she could only tell by hindsight that the untimely acts represented the early stages of harassment.” (emphasis in original) (citing Galloway, 78 F.3d at 1166)). Thus, Dial concludes, Allen’s charge was untimely and cannot form the basis for the EEOC’s pattern-or-practice suit. I do not find Dial’s argument persuasive. As an initial matter, I agree that when the EEOC chooses to proceed under § 2000e-5 to address an employer’s alleged discrimination against a class of employees, Title VII requires “that [the agency] have found reasonable cause to believe a valid charge filed in a timely manner.” See Walner, 91 F.3d at 969; see also id. at 968 (“The enforcement provisions of § 706 of Title VII, which allow [the] EEOC to initiate civil actions, are therefore predicated upon a timely charge upon which [the] EEOC has made a determination of reasonable cause.”)- However, the Seventh Circuit has suggested that § 2000e-5(e)’s 300-day requirement will not bar individual claims when the EEOC is proceeding, as it is in this ease, on a pattern-or-practice theory. See id. at 969; see also Complaint ¶¶ 1, 7, filing 1 (alleging a pattern or practice of discrimination); infra Parts III.C.4 & III. D.2.b (discussing the relevant limitations period in pattern-or-practice litigation). Furthermore, as discussed above, the Seventh Circuit has also recognized that “[t]he timely filing of an EEOC charge is not a jurisdictional prerequisite to filing a federal lawsuit .... ” Hentosh, 167 F.3d at 1174 (emphasis supplied); see supra Part III.B. I therefore agree with the EEOC that even if Dial’s timeliness assertions are true, such assertions “would not create a jurisdictional barrier to an individual suit by [Allen] or by [the] EEOC.” Plaintiffs Memorandum at 40, filing 174; see Walner, 91 F.3d at 971-72. Thus, Dial’s motion for summary judgment will be denied, to the extent it is based on a claim that the EEOC’s pattern-or-practice case lacks the requisite timely underlying charge. 2. Merits of Allen’s Claim Dial contends that even if Allen’s charge is timely, “[the] EEOC cannot base a pattern and practice case on Allen’s allegations because those allegations lack sufficient merit to proceed to trial under Title VII.” Defendant’s Memorandum at 13, filing 94. According to Dial, the conduct about which Allen complains, although inappropriate, was not so “extreme and objectively humiliating as to rise to the level of actionable harassment under a long line of Seventh Circuit authority.” Id. at 16. In addition, Dial argues that even if the conduct alleged by Allen rose to the level of actionable harassment, the EEOC cannot establish a basis for holding Dial liable for the conduct. See id. at 17-18. Thus, Dial concludes, because Allen’s charge lacks merit, it cannot form the basis for the EEOC’s pattern-or-practice claim. In response, the EEOC characterizes Dial’s challenge as an attempt to litigate the agency’s finding of reasonable cause. Plaintiffs Memorandum at 40, filing 174. According to the EEOC, “[t]he argument that Allen’s individual claim fails as a matter of law is, of course, irrelevant to the use of her charge as the basis for the EEOC’s lawsuit.” Id. at 40 n. 19. I agree with the EEOC. As discussed above, the EEOC has satisfied Title VII’s administrative prerequisites to filing suit in federal court. See supra Part III.C.l. It notified Dial of the charge filed by Allen, investigated the charge, issued a Letter of Determination finding reasonable cause to believe that Dial had discriminated against women, including Allen, as a class, and engaged in good faith efforts to conciliate the claims against Dial. See 42 U.S.C. § 2000e-5(b); supra Part III.C.l. Thus, in raising the merits of Allen’s allegations as grounds for challenging the basis for the EEOC’s pattern-or-practice case, it seems that Dial is again inviting me to revisit the EEOC’s finding of reasonable cause. As stated above, however, such findings simply are not subject to judicial review. See supra Part III.C.1; Walner, 91 F.3d at 968 n. 3; St. Anne’s Hosp., 664 F.2d at 131; Chicago Miniature Lamp Works, 526 F.Supp. at 975-76; Keco Indus., Inc., 748 F.2d at 1100; General Elec. Co., 532 F.2d at 370. I therefore find that Dial’s motion for summary judgment is denied, to the extent it is based on a claim that because Allen’s allegations lack merit as a matter of law, the EEOC cannot base its pattern-or-prac-tiee claim on her charge. 3. Viability of Pattem-or-Practice Theory in Sexual Harassment Cases Dial also asserts that Title VII’s pattern-or-practice theory of liability is not viable in sexual harassment cases because sexual harassment claims, by nature, are not suited to class treatment. See Defendant’s Memorandum at 19-20, filing 94. According to Dial, “[n]o type of case in the discrimination area is as inherently individualized as a sexual harassment case.” Id. at 20. Thus, Dial asserts, since “an employer’s liability turns on the particularized experience of the individual claimant,” sexual harassment cases simply “do not fit within the pattern and practice rubric.” Id. Instead, Dial concludes, the pattern-or-practice theory should be reserved for those types of cases that “Congress intended when it authorized the agency to bring [such] actions, e.g., where a hiring or pay policy of general application adversely impacts an identifiable class of employees and damages are easy to ascertain.” Id. at 19-20; see also id. at 20 (alleging that “[the] EEOC cannot point to a specific policy or practice responsible for the alleged sexual harassment”); id. at 21 (arguing that “because Dial has no identifiable policy in favor of harassment which has adversely affected a class of readily identifiable victims, this case cannot proceed on a pattern and practice .theory” (citation omitted)); id. at 24 (contending that “the ultimate flaw in [the] • EEOC’s theory is that it does not truly challenge a policy and practice of general application, but rather attempts to aggregate a large number of highly individualized claims which are not susceptible to class-type treatment” (citation omitted)); Defendant’s Reply at 11, filing 190 (“Claims can be effectively adjudicated under [the Teamsters ] model only where a plaintiff challenges an employer’s broad-based policy, such as a hiring or pay policy.”). On a related note, Dial also argues that allowing this case to proceed as a class action would thwart the interests of efficiency and judicial economy. While recognizing that Rule 23 does not govern the EEOC’s pattern-or-practice claim, Dial maintains that “Congress had in mind Rule 23 principles when it authorized the agency to bring pattern and practice cases, and those principles provide guidance to trial court judges in exercising their discretion to determine whether a pattern and practice case should be allowed.” Defendant’s Memorandum at 19, filing 94 (citing General Tel. Co., 446 U.S. at 329 n. 13, 100 S.Ct. 1698; EEOC v. D.H. Holmes Co., Ltd., 556 F.2d 787, 795 n. 11 (5th Cir.1977)); see General Tele. Co., 446 U.S. at 324, 100 S.Ct. 1698 (“[T]he EEOC need look no further than § 706 for. its authority to bring suit in its own name for the purpose, among others, of securing relief for a group of aggrieved individuals. Its authority to bring such actions is in no way dependent upon Rule 23, and the Rule has no application to a § 706 suit.”); Mitsubishi, 990 F.Supp. at 1069-70 n. 4 (recognizing that “Federal Rule of Civil Procedure 23’s concerns, such as the adequacy of the class representative and/or whether individual issues and defenses predominate, are simply not considered in a pattern or practice action” (citation omitted)). Noting that one of the purposes of the class action device is to promote judicial economy, Dial contends that pattern-or-practice claims, like class actions, are appropriate “only where common questions predominate over individualized issues, ie., where a policy or practice of general application applies to readily identifiable victims.” Id. at 21. Here, Dial reasons, where, the claimants allege “different conduct, by different alleged perpetrators, which took place over the course of more than twelve years on different shifts,” individualized issues certainly predominate. See id. at 21-22. Thus, Dial concludes, “[g]iven the highly individualized nature of the putative class members’ claims, it would be impossible for [the] EEOC to establish liability and damages through common proof at trial.” Id. at 22. It appears to me that Dial has misinterpreted the nature of pattern-or-practice litigation. As the EEOC correctly notes in its brief, several courts have recognized the ability of plaintiffs, including the EEOC, to proceed on a pattern-or-practice theory in litigating claims of systemic employment discrimination, including sexual harassment. See, e.g., Mitsubishi, 990 F.Supp. at 1070-71; Jenson v. Eveleth Taconite Co., 824 F.Supp. 847, 875-76 (D.Minn.1993); Warnell v. Ford Motor Co., 189 F.R.D. 383, 386-88 (N.D.Ill.1999); Bremiller v. Cleveland Psychiatric Inst., 195 F.R.D. 1, 25-26 (N.D.Ohio 2000); see also U.S. Equal Empty. Com’n v. Foster Wheeler Constructors, Inc., No. 98 C 1601, 1999 WL 528200, at *1-2 (N.D.Ill. July 13, 1999) (allowing the EEOC to pursue its race discrimination/hostile work environment claim on a pattern-and-practice theory). These courts have addressed, and rejected, arguments similar to those now raised by Dial. See, e.g., Warnell, 189 F.R.D. at 386-87 (“Ford argues in effect that no sexual harassment case can be maintained as a class action. This is a bold and striking claim, but one quite without merit.”); Foster Wheeler, 1999 WL 528200, at *2 (“Defendants’ argument that hostile work environment claims are inappropriate for class actions is similarly flawed.”); Mitsubishi, 990 F.Supp. at 1070 (“This Court does not need to make a great leap of faith to state the obvious: Title VII authorizes a pattern or practice action for sexual harassment.”). As these courts explain, pattern-or-practice liability does not turn upon “the particularized experience of the individual claimant.” See Defendant’s Memorandum at 20, filing 94. Instead, “the landscape of the total work environment, rather than the subjective experiences of each individual claimant, is the focus for establishing a pattern or practice of unwelcome sexual harassment which is severe and pervasive.” Mitsubishi 990 F.Supp. at 1074 (notes omitted); see Warnell, 189 F.R.D. at 387 (quoting Mitsubishi, 990 F.Supp. at 1074); Bremiller, 195 F.R.D. at 25 (same); Foster Wheeler, 1999 WL 528200, at *2 (“To force the EEOC to prove each individual claim would be contrary to the way that pattern and practice claims operate.” (citation omitted)). Thus, it is “[t]he existence of a company’s policy of tolerating sexual harassment [that] is the basis for pattern or practice liability.” Mitsubishi, 990 F.Supp. at 1074; see also id. at 1077 (“The purpose and effect of a successful pattern or practice case is to impose liability upon a private employer, not simply for individual wrongs, but for discriminatory policies created and maintained by an employer that result in a system-wide pattern or practice of disparate treatment against individuals who fall within a protected class.”); Warnell, 189 F.R.D. at 387 (quoting Mitsubishi, 990 F.Supp. at 1074); Bremiller, 195 F.R.D. at 25 (same). I see no reason to disagree with these decisions and therefore reject Dial’s contentions that Title VII’s pattern-or-practice theory of liability is not viable in sexual harassment cases generally or in this case specifically. Borrowing again from Rule 23’s class action requirements, Dial also contends that the EEOC’s case should be dismissed on “manageability” grounds. See Defendant’s Memorandum at 23, filing 94 (“In addition to promoting judicial economy, a proposed action must be manageable in order to proceed on a class basis.”); see also Fed. R. Civ. P. 23(b)(3)(D) (providing that “the difficulties likely to be encountered in the management of a class action” is a relevant factor in determining whether common questions of law or fact predominate). In support of its claim, Dial asserts that “[the] EEOC is proposing litigation of immense proportions,” as “[t]he Court and a jury will have to sit through as many as 101 trials to see which, if any, meet the legal requirements for actionable sexual harassment.” Defendant’s Memorandum at 23, filing 94. According to Dial, “no jury can be expected to perform such a Herculean task, and no Court should be asked to do so either.” Id. at 23-24. I disagree. As discussed below, this case will proceed according to the Mitsubishi model. See infra Part III.C.4. Thus, in the first phase of the proceedings, the EEOC will bear the burden of demonstrating a pattern or practice of sexual harassment. See Mitsubishi, 990 F.Supp. at 1070-77. The second phase will then focus on particular individuals’ entitlement to relief. Id. at 1077-1082. While recognizing that individual phase of the proceedings may take some time to complete, this action is not, by any means, unmanageable. See, e.g., Mitsubishi, 990 F.Supp. at 1088 (indicating that 289 plaintiffs were involved); see also Rohlfing v. Manor Care, Inc., 172 F.R.D. 330, 342 (N.D.Ill.1997) (“It is clear, however, that large class size alone is not an impediment to class certification.” (citation omitted)). To the contrary, it appears that the Mitsubishi model represents a reasonable and appropriate method of managing this case. In short, I am not willing to bar the EEOC’s pattern-or-practice action simply because a large number of women may have been affected by Dial’s alleged policy of tolerating harassment. Thus, to the extent Dial argues for dismissal on manageability grounds, its motion for summary judgment will be denied. 4. EEOC v. Mitsubishi Motor Mfg. According to Dial, “[t]he only prior decision which squarely addresses the issue of [the] EEOC’s pattern and practice authority in a sexual harassment context is [EEOC v. Mitsubishi Motor Mfg. of America, Inc., 990 F.Supp. 1059 (C.D.Ill.1998) ].” Defendant’s Memorandum at 24, filing 94. Dial, however, attempts to distinguish Mitsubishi, noting the following: (1) Mitsubishi arose from a commissioner’s charge, rather than an individual’s charge, as in this ease; (2) Mitsubishi arose before the United States Supreme Court articulated a new employer defense in Burlington Indus., Inc. 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); and (3) the Mitsubishi decision was “issued at a different procedural stage than that presented here.” Id. Thus, Dial concludes, “the Mitsubishi rationale for authorizing a pattern and practice sexual harassment suit is not justified in or applicable to this case.” Id. at 27. I disagree. First, although the Mitsubishi action was predicated on a commissioner’s charge, I do not find this fact dispositive. As discussed above, an individual charge may also form the basis for a pattern-or-practice action, so long as that action arose from an investigation “reasonably related in scope to the allegations of the underlying charge .... ” United Parcel Serv., 94 F.3d at 318 (citing Cheek, 31 F.3d at 500); see supra Part III.C.l. I therefore am not persuaded that the Mitsubishi model should be abandoned simply because the EEOC’s action is based on an individual’s charge, rather than a commissioner’s charge. See discussion infra Part III. D.2.b. Nor do I believe that the employer defense articulated in Ellerth and Faragher render the Mitsubishi model unworkable. As discussed below, these defenses can be incorporated into the Mitsubishi framework. See, e.g., Warnell, 189 F.R.D. at 388 (rejecting defendant employer’s assertion that availability of affirmative defense barred class certification in sexual harassment pattern-or-practice case); Bremiller, 195 F.R.D. at 28-31 (incorporating the Ellerth/Faragher affirmative defense into the pattern-or-practice analysis). Thus, Dial’s first two grounds for distinguishing Mitsubishi are without merit. In attempting to distinguish Mitsubishi on factual grounds, Dial notes that “Mitsubishi did not argue, as Dial does here, that the depositions of the putative class members demonstrate that the pattern and practice sexual harassment claim, as well as the individual claims, also fail on the merits.” Defendant’s Memorandum at 24 n. 18, filing 94; see also Defendant’s Reply at 7, filing 190 (“[GJiven the more complete record in this case, Mitsubishi is distinguishable[.J”). The Mitsubishi court explained the EEOC’s burden in a pattern- or-practice case as follows: [TJhe EEOC will be permitted to establish a pattern or practice of sexual harassment by proving, by a preponderance of the evidence, that an objectively reasonable person would find the existence of: (1) a hostile environment of sexual harassment within the company (a hostile environment pattern or practice) or a situation where individuals within the workplace, as a whole, must accept a gender-hostile environment to enjoy the tangible benefits of their jobs (a quid pro quo pattern or practice); and (2) a company policy of tolerating (and therefore condoning and/or fostering) a workforce permeated with severe and pervasive sexual harassment. Mitsubishi, 990 F.Supp. at 1073; see also id. at 1069 (noting that “[t]he pattern or practice theory is that [the employer] created and maintained a sexually hostile and abusive work environment ... because it tolerated ... individual acts of sexual harassment by its employees by refusing to take notice of, investigate, and/or discipline the workers who sexually harassed other employees”); Jenson, 824 F.Supp. at 875 (explaining that a pattern or practice is present where “ ‘discrimination was the company’s standard operating procedure — the regular rather than the unusual practice’ ” (quoting International Brotherhood of Teamsters v. United States, 431 U.S. 324, 360-62, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977))). According to Dial, the EEOC’s evidence fails with respect to both of the elements outlined above. First, Dial argues, the EEOC simply cannot demonstrate that a hostile environment of sexual harassment existed at the Aurora facility, as most of the individual class members’ allegations do not rise to the level of “actionable sexual harassment.” Thus, Dial asserts, “[b]ecause the class members’ claims are not actionable individually, they cannot support [the] EEOC’s pattern and practice theory in the aggregate.” Defendant’s Memorandum at 27, filing 94. Next, Dial points to the following mechanisms it has in place to combat sexual harassment, including (1) a written sexual harassment policy that includes multiple channels through which employees can report harassment; (2) an 800 “hotline” to its corporate offices through which Aurora employees can report harassment; (3) a practice of posting the policy on various bulletin boards throughout the plant, reviewing the policy with new employees as part of its new-hire orientation, and training both hourly and salaried employees in how to recognize, prevent, and report incidents of alleged harassment; and (4) a practice of investigating sexual harassment complaints and, where appropriate, taking corrective action reasonably calculated to end the harassment. Dial contends that the above evidence relating to its preventive and corrective action demonstrates that “no reasonable jury could conclude that Dial had in place a company-wide policy of condoning and fostering sexual harassment.” Id. at 26. Thus, Dial concludes, the EEOC’s pattern-or-practice claim fails as a matter of law. I disagree. Before addressing the merits of the EEOC’s pattern-or-practice claim, however, I will first address Dial’s attempt to exclude all evidence relating to alleged incidents that occurred outside the 300-day time period defined by 42 U.S.C. § 2000e-5(e). According to Dial, many of the class members’ allegations are immaterial and irrelevant, as they relate to conduct or events that occurred before April 5, 1995, ie., 300 days before Beverly Allen filed her EEOC charge. Such allegations, Dial asserts, are therefore time-barred and cannot support the EEOC’s pattern- or-practice claim. I disagree. For reasons discussed more fully below, I have determined that the timeliness of a particular class member’s claim will not depend upon the limitation found in § 2000e-5(e). See infra Part III.D.2.b. Instead, I will follow the Mitsubishi model and “let the evidence of a pattern or practice determine the relevant ‘limits’ for the lawsuit.” Mitsubishi, 990 F.Supp. at 1087. Thus, in determining whether genuine issues remain regarding the existence of a hostile environment at the Aurora plant, I will not restrict my analysis to allegations relating to post-April 5, 1995, events. Turning now to the merits of the EEOC’s pattern-or-practice claim, I have reviewed the allegations specifically relied on by the EEOC in its opposition brief, and I am not prepared to find, as a matter of law, that such allegations fail to rise to the level of “actionable sexual harassment.” See supra note 15; see also Defendant’s Reply at 20, 21, filing 190 (arguing that the EEOC cannot establish a plant-wide problem of “actionable sexual harassment” at the Aurora plant because “the vast majority of [class members] experienced, at most, sporadic and mildly offensive sexual conduct, none of which is sufficient to establish an individual hostile environment claim”). To the contrary, “[flaking [the EEOC’s] version of the facts as true, it appears that the work environment' at [Dial] was sexually charged in a way that was offensive and demeaning to women.” See Bremiller, 195 F.R.D. at 26. Several women 'testified that they were subjected to physically-invasive behavior by male employees. This alleged behavior ranged in severity from men touching women’s breasts and buttocks to an incident where a male co-worker grabbed a class member by the crotch and jerked upwards. In addition, male employees allegedly exposed themselves to their female co-workers or touched their genitals while making suggestive or threatening remarks. Dozens of women also indicated that they were the targets of repeated comments and conduct