Full opinion text
MEMORANDUM AND ORDER REGARDING POST-JUDGMENT MOTIONS (Docket Nos. 209, 210, 212, 218 and 221) NEIMAN, United States Magistrate Judge. On November 5, 2001, after more than two weeks of trial, a jury entered a verdict which was favorable to Anita Horney (“Plaintiff’) in this employment discrimination action. The jury found both defendants — Plaintiffs former employer, West-field Gage Co. (“Westfield Gage”), and her former supervisor, Edward Woodis (“Woo-dis”) — liable to varying degrees; it found Westfield Gage liable for gender discrimination (in the amount of $750,000), for sexual harassment ($250,000) and for an equal pay violation ($8,140), and it found Woodis liable for sexual harassment ($25,-000). On November 27, 2001, the court, after calculating interest, entered judgment against Westfield Gage in the amount of $1,077,057.12 and against Woo-dis in the amount of $31,888.26. Following the entry of judgment, a number of motions were filed. This memorandum addresses the following five: Plaintiffs Motion to Enforce the Settlement Agreement Between Her and Woodis (Docket No. 218), what the court treats as Woodis’ Motion that Westfield Gage be Ordered to Pay the $25,000 Settlement (included within Docket No. 221 (Woodis’ Response to Plaintiffs Motion to Enforce)), Westfield Gage’s Motion for Judgment Notwithstanding the Verdict (Docket No. 210), Westfield Gage’s Motion for a New Trial or for Remittitur (Docket No. 212) and Woodis’ Motion for Judgment as a Matter of Law or for a New Trial (Docket No. 209). For the reasons which follow, the court will allow Plaintiffs motion to enforce the settlement between her and Woodis, deny Woodis’ motion to order Westfield Gage to pay the settlement amount and deny, as moot, Woodis’ other post-judgment motion. The court will also deny Westfield Gage’s post-judgment motions in all but one respect; Westfield Gage will be granted a new trial on Plaintiffs gender discrimination claim unless Plaintiff agrees to remit the $750,000 damages found by the jury on that claim to $187,500. I. BACKGROUND The background is sketched in a light most favorable to the jury’s verdict. See O’Connor v. Huard, 117 F.3d 12, 14-15 (1st Cir.1997). Specific facts with respect to the two settlement motions, for which there was a separate evidentiary hearing, are addressed in the court’s discussion of those issues. Plaintiff was employed by Westfield Gage, a machine shop, from April of 1994 until April 9, 1998. (See Plaintiffs Exhibit 4; Docket No. 240 (Transcript Volume (“Tr.Vol.”) II) at 58.) At all relevant times, Woodis was Plaintiffs supervisor. (Docket No. 241 (Tr. Vol.I) at 92-93.) Plaintiff started out as a parts marker with a salary of $8 per hour and ended her tenure at Westfield Gage as an inspector making $10 per horn.'. (See id. at 74-78.) Plaintiff got her last raise near the end of 1996 directly from Westfield Gage’s owner. (Id. at 77-78.) When Woodis found out that Plaintiff went over his head, he stated, according to her testimony: “If you fucking try that again I’ll get rid of you. You’ll lose your job.” (Id. at 78.) Plaintiff never got another raise. (Id.) Sexually-explicit material was prevalent throughout Westfield Gage. For example, calendars depicting scantily-clad women in suggestive poses and posters of girls in bikinis were “all over the place” (id. at 84-85) and a picture of a woman’s breasts was taped to the inside of a light fixture (Docket No. 246 (Tr. Vol.VI) at 36-37). There were Penthouse, Playboy and Hustler magazines in the plant and a gay men’s pornographic magazine kept showing up at Plaintiffs desk. (Tr. Vol. II at 86; Docket No. 289 (Tr. Vol.III) at 14.) In addition, jokes with sexual content were passed throughout the shop and some were even displayed publicly. (Tr. Vol. I at 88; Tr. Vol. II at 116-17.) Indeed, at some point during her employment Plaintiff shared a bench with a male worker who kept in his tool box — which he had to open in Plaintiffs view — a picture of a woman in a “seated position with her knees up” who was wearing “very lacy, thin underpants with [her] genitalia” exposed. . (Tr. Vol. I at 103-04.) Further, Ed Menard, Plaintiffs “mentor” in the inspections department, gave her several suggestive postcards, one of which stated: “It’s National Vibrator Week[;] Bring One Home To A Friend.” (Tr. Vol. II at 42-43; Plaintiffs Exhibit 6.) To be sure, Plaintiff complained about much of the material and it was removed, but it “went right back up” soon thereafter. (See Tr. Vol. Ill at 46-47.) The plant was also rife with rough language directed at women. For example, one of Plaintiffs male co-workers once looked at Plaintiff and stated: “Women are only good at getting fucked up the ass at Westfield Gage.” (Tr. Vol. II at 43.) Woodis, too, was verbally abusive toward Plaintiff. As Plaintiff testified, “[Woodis] would get right in my face. His veins would pop out of his neck, he’d turn all red, he’d be pointing his finger at me.” (Tr. Vol. I at 113.) Plaintiff also testified that Woodis: told her she was “bullshitting” and should just “go ahead [and] fucking leave” when she asked him if she could depart early to take her mother to a doctor’s appointment (id. at 110); screamed at her when she broke a tooth and had to leave work to get it fixed (id. at 111); screamed at her when others neglected their duties, asking “How come this job isn’t fucking done?” (Tr. Vol. II at 27). daily asked her “[w]hose desk [she was] under?” (id. at 40-41); used the words “cunt” and “bitch” in her presence (Tr. Vol. Ill at 17); asked her, in front of some male inspectors, if she was “fucking” or “blowing” a male co-worker who dropped off parts at her bench (Tr. Vol. II at 41); told her that “They never should have hired women in this department” and that “Women don’t belong in the ... machine shops” (id. at 44 — 45); asked her, when she called herself “anal retentive,” whether that was “what [her] mother taught [her] to do, lick ass?” (id. at 47); and asked a male co-worker with whom she was having a conversation whether he was “fucking her mother?” (id. at 48). At least one other employee testified that Woodis called Plaintiff a “cunt,” a “bitch” and an “idiot,” (Docket No. 245 (Tr. Vol.V) at 194), and that another male worker was heard to say “[t]hat there wasn’t a woman on the face of the earth worth the paper to wipe his dirty ass,” (Tr. Vol. VI at 34-35). At times, Plaintiff participated in some of the conduct and language. For example, Plaintiff kept and displayed a postcard from her mentor which depicted “bare butts” (see Tr. Vol. II at 42, 203; Plaintiffs Exhibit 5) and another postcard of “guys in bathing suits” (Tr. Vol. I at 86). Also, Plaintiff admitted that, on one occasion, she “might have” worn ripped jeans to work with a hole in the seat (Tr. Vol. II at 151), conceded that she laughed at some of the dirty jok'es and the gay men’s magazine (Tr. Vol. I at 88; Tr. Vol. II at 86-87) and once, “for a couple of seconds,” borrowed someone’s wind-up penis toy (Tr. Vol. Ill at 104-05). Plaintiff also told people at Westfield Gage that she used to have a tattoo of a mouse, but that her “pussy must have got it.” (Tr. Vol. II at 204.) In addition, Plaintiff acknowledged that, during her employment at Westfield Gage, she used the terms “cunt,” “bitch,” “fucking cunt,” “fucking bitch” and “young, dumb and full of cum.” (Id. at 204-05.) Still, Plaintiff testified that she was most offended by vulgar and profane language that was “abusive and combative”; e.g., Plaintiff felt that the F-word used in joke was not as bad as “F you” stated “in a nasty way.” (Id. at 183.) In this vein, Plaintiff also testified that there were a “lot of times” that she left the workplace in tears because Woodis or another supervisor was screaming at her. (Tr. Vol. I at 113.) Plaintiff made a number of informal complaints about the environment at West-field Gage to Judy Gutt. (See Tr. Vol. II at 209 (“It was a daily thing that I reported [sexual harassment] to Judy Gutt”); Tr. Vol. V at 199 (indicating that Plaintiff seemed to complain to Gutt “on a regular basis”).) Gutt, who worked in the accounts payable department, was the employee identified to Plaintiff as her “human resources” contact, i.e., the “person to whom people could make complaints of sexual harassment.” (See Tr. Vol. I at 118; Tr. Vol. V at 194, 238-41.) Daniel Berube, Gutt’s boss, assigned her that task. (Tr. Vol.65, 240-41.) Plaintiff also formally reported to Gutt at least one instance of harassment by a male supervisor on a morning in February of 1997. (Tr. Vol. I at 115-18.) On that day, Plaintiff entered the cafeteria at about five minutes to six, the time her shift started, and found five male workers milling around. (Id. at 115-16.) The men stated: “Oh good, Anita’s here. Coffee’s going to be made, vitamins.” (Id. at 116.) About two minutes to six, the supervisor, Jim Frisbie, walked in, greeted the men and then started yelling and swearing at Plaintiff because she was “wasting company time.” (Id. at 116-17. See also Tr. Vol. Ill at 55-56.) Plaintiff reported the incident to Gutt who asked Plaintiff if she wanted to write out a formal complaint, which she did. (Tr. Vol. I at 119.) As part of her report, Gutt promised Plaintiff that she would thereafter have “a harassment free work environment.” (Tr. Vol. II at 96; Tr. Vol. Ill at 64.) Nonetheless, “the language didn’t stop, the posters didn’t stop, the jokes didn’t stop [and] the pictures didn’t stop.” (Tr. Vol. Ill at 64.) Indeed, Plaintiff testified that, following her complaint, Frisbie began following her around, Woodis’ comments became more rude and Plaintiff, unlike men, was only allowed to get coffee at break time. (Tr. Vol. II at 46^7.) Plaintiff testified to a number of other instances of what she perceived was unfair or unequal treatment, often because of her gender. Plaintiff testified that: Woodis gave her no support in directing the work of other female parts markers (Tr. Vol. I at 93-94); she had to share her inspections bench with a man (id. at 103); Woodis did not swear and scream at men or, at least, yell as loudly at them (id. at 110; Tr. Vol. Ill at 78); men were allowed to change their schedules to accommodate doctor’s appointments “whenever they wanted to” and she never saw a man storm off in tears (Tr. Vol. I at 111-12,114-15); she was not properly trained as an inspector after she moved into that department and took on inspections responsibilities (Tr. Vol. II at 29, 34); men, but not she, were given the opportunity to be “source” inspectors (id. at 31); at least one other man said that women did not belong in a machine shop (id. at 44-A5); and she was not given a raise when she moved into the inspections department (Tr. Vol. Ill at 71). Plaintiff summarized some of her concerns as follows: “[The men] got to work whatever they wanted to hour-wise, they got paid a lot more than I did, they got raises more than I did, they got scheduled whatever it was needed for them, overtime.” (Id. at 78.) When Plaintiff moved into inspections in the Fall of 1997, she, at $10 per hour, was the lowest paid inspector and the only woman. (See Plaintiffs Exhibit 21 (indicating that the other male inspectors were making between $13.50 and $18 per hour).) Westfield Gage argued to the jury that the male inspectors had more experience than Plaintiff and that she was only learning the inspection position on the job. (See Tr. Vol. I at 51-52.) Plaintiff testified, however, as follows: that she had several years of quality control and assembly work prior to her employment at Westfield Gage (see id. at 70-71, 97-98; Tr. Vol. II at 124; Tr. Vol. Ill at 101); that, when hired, she “aced” a mechanical aptitude test Woodis gave her “in less time than anybody’s ever done it” (Tr. Vol. I at 74); and that she was given certain other supervisory and training responsibilities while at Westfield Gage (see id. at 83, 92-93, 97; Tr. Vol. II at 21). Thus, Plaintiff disputed Westfield Gage’s contention that she,, unlike the male inspectors, was merely a “junior” inspector or an inspector “trainee.” . In any event, it appears undisputed that Plaintiffs move to inspections was a promotion. ■ On the morning of April 8, 1998, Plaintiff testified that she and Woodis had a heated verbal exchange with respect to a cause and corrective action form. (Tr. Vol. II at 50-51.) When Plaintiff refused to “stamp ... off” the form — “because the three girls in the marking department didn’t do their job” — Woodis yelled: “Just fucking do your job. If you can’t do your job then don’t be a fucking stupid idiot.” ; {Id. at 51.) Plaintiff started crying, more.obscenities were exchanged, and Plaintiff, tore up her time card and went to Gutt. {Id. at 51-52.) Although Gutt sent Plaintiff home, Plaintiff was called back later that day to meet with Richard Patterson, the general manager. {Id. at 52, 54.) During her meeting with Patterson, Plaintiff requested that he move her to a different position within Westfield Gage. (Tr. Vol. II at 54-44.) Patterson, however, refused, stating “I don’t think there’s a place for you” and “It’s not .working out.” {Id.) As a result, Plaintiff left the premises and her employment at Westfield Gage ended. {Id. at 55.) She was thirty-five years old at the time. Sometime later, Plaintiff returned to Westfield Gage to collect her final paycheck. {Id. at 87.) At the time, she was told that she had a box of “personal stuff.” (Id) However, included in that box, packed by someone else, was a packet of crude and' sexually-explicit jokes and cartoons. {Id. at 87-90; Plaintiffs Exhibit 14.) A number of the items — including cartoons graphically depicting male or animal genitalia or sex acts — had previously been displayed on a bulletin board or passed across Plaintiffs work bench. (Tr. Vol. II .at 89.) There was no evidence that anything in the packet actually belonged to Plaintiff. (See id.) After leaving Westfield Gage, Plaintiff filed pro se a charge of discrimination with the Massachusetts' Commission Against Discrimination (“MCAD”), received unemployment compensation for six months and, in November of 1908, began working at the Points East restaurant in Westfield. {Id. at 55-58.) In the interim, Plaintiff unsuccessfully sought work at two or three other machine shops. (Id at 56-57.) At Points East, Plaintiff occasionally saw Westfield Gage employees, including Woo-dis, come into the restaurant. (Id at 60-él.) This made her feel “[ajwful.” (Id at 61.) Ultimately, Plaintiff left Points East — because “[t]oo many Westfield Gage people [were] coming around” — and went to work at a différent restaurant. (Id) Plaintiff testified that from 1994 through 1998, she slept a lot, bit her nails until they bled, stopped eating, and began losing weight and hair. (Id at 83.), Dr. Lloyd Price, a psychiatrist who reviewed deposition testimony and then met with Plaintiff, testified about the significant distress Plaintiff experienced at Westfield Gage and the continuing effects of that distress. (See Docket No. 252 (Tr. Vol.IV) at 38-47.) Dr. Price opined that Plaintiff suffered from “major depression.” (Id. at 46.) Over Westfield Gage’s objection, (id. at 168), Plaintiff also presented testimony and charts from an economist, Dr. Allan McCausland. Copies of the charts had been provided to the court in the context of Westfield Gage’s in limine motion to exclude portions of Dr. McCausland’s testimony. (Id. at 170. See also Plaintiffs Exhibit 16.) Dr. McCausland opined that, given Plaintiffs age and work experience and the state of the local employment situation, her “front pay” economic loss ranged from a low-end figure of $573,638 to a high-end figure of $833,169. (See Tr. Vol. IV at 194; Plaintiffs Exhibit 16.) “Front pay,” according to Dr. McCaus-land’s calculations, was the amount of wages and benefits Plaintiff would have received had she remained employed at Westfield Gage until retirement, i.e., for about an additional twenty-eight years after the beginning of the trial. (See Tr. Vol. VI at 193-94; Docket No. 185 at 1.) The trial began on the morning of October 22, 2001. On October 29, 2001, at the close of Plaintiffs case, each defendant moved for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(a). The court generally denied these mid-trial motions, although it did allow dismissal of a “constructive discharge” claim aimed at Westfield Gage and a “retaliation” claim targeting Woodis. (See Docket Nos. 189, 190.) The court also generally denied Defendants’ renewed motions for judgment as a matter of law filed at the close of all the evidence, although the court did dismiss Plaintiffs claims for punitive damages. (See Docket Nos. 197 and 198.) Then, just prior to closing arguments, the court dismissed Plaintiffs state-based equal pay claim. The jury began its deliberations on Friday, November 2, 2001. At that time, six categories of claims remained: a Federal Equal Pay Act (“FEPA”) claim targeting Westfield Gage; a claim against Westfield Gage for gender discrimination under Title VII; claims against Westfield Gage for sexual harassment under Title VII and Massachusetts General Laws chapter 151B (“chapter 151B”); a chapter 151B sexual harassment claim against Woodis; a retaliation claim targeting Westfield Gage; and a common law intentional infliction of emotional distress claim aimed at Woodis. The jury returned a verdict late in the day on Monday, November 5, 2001. With regard to Plaintiffs FEPA claim, the jury found that Plaintiff had established her prima facie case, determined that West-field Gage had not proven its affirmative defense and assessed damages in the amount of $8,140. As for Plaintiffs gender discrimination claim, the jury found that Westfield Gage had intentionally discriminated against her and that she should be paid $750,000 in damages for her “economic harm,” but assessed no damages for “emotional harm.” With respect to Plaintiffs sexual harassment claims targeting Westfield Gage, the jury found that she had established her prima facie case, determined that Westfield Gage had not proven the first element of its affirmative defense and assessed damages for Plaintiffs emotional harm in the amount of $250,000. The jury also found that Woodis had sexually harassed Plaintiff and determined that he should pay $25,000 in damages, for her emotional harm. Finally, the jury decided that Westfield Gage was not liable for retaliation and that Woodis was not liable for the intentional infliction of emotional distress. As indicated, on November 27, 2001, the court, .after calculating interest, entered judgment against Westfield Gage in the amount of $1,077,057.12 and against Woo-dis in the amount of $31,888.26. A few days later, Plaintiff asserts, she settled her claim with Woodis for $25,000, an amount which, according to Woodis, Westfield Gage agreed to pay. In due course, the parties filed the instant motions and the court heard oral argument. On March 8, 2002, the court held an evidentiary hearing with respect to Plaintiffs motion to enforce the posGtrial settlement she allegedly reached with Woodis and Woodis’ related motion that Westfield Gage be ordered to pay the settlement amount. All five motions were taken under advisement. II. DISCUSSION The court will first address Plaintiffs motion to enforce her settlement agreement with Woodis and Woodis’ related motion that Westfield Gage be ordered to pay the $25,000 settlement amount. It will then consider Westfield Gage’s motion for judgment notwithstanding the verdict and its motion for a new trial or for remittitur. Finally, the court will discuss Woodis’ motion for judgment as a matter of law or for a new trial. A. PLAINTIFF’S MOTION TO EN- . FORCE HER AGREEMENT WITH WOODIS AND WOODIS’ MOTION THAT WESTFIELD GAGE BE ORDERED TO PAY THE $25,000 SETTLEMENT AMOUNT In her sole motion, Plaintiff seeks to enforce the $25,000 settlement she purportedly reached' with Woodis a few days after judgment was entered. In response, Woodis (in an argument joined by West-field Gage) acknowledges that an agreement was reached, but claims it is voidable because he mistakenly believed that West-field Gage; through its attorney, had agreed to pay any settlement proceeds. Alternatively, Woodis (but ■ not Westfield Gage) requests that, should the court find that his agreement with Plaintiff is enforceable, Westfield Gage should be ordered to pay the settlement amount. In essence, therefore, there are two motions before the court: (1) Plaintiffs motion to enforce her settlement agreement with Woodis; and (2) Woodis’ cross motion that Westfield Gage be ordered to pay the settlement.amount. In fight of the factual issues inherent in these motions, including questions of authority, the court scheduled an evidentiary hearing. See Kinan v. Cohen, 268 F.3d 27, 32-33 (1st Cir.2001) (and cases cited therein).- After hearing and for the reasons indicated below, the court will allow Plaintiffs motion, but deny Woodis’ cross motion. 1. Findings of Fact The “agreement” Plaintiff seeks to have enforced was allegedly consummated between her counsel, Donna Cuipylo (“Cuipy-lo”), and Woodis’ counsel, Mark Draper (“Draper”), on or about November 29, 2001. It arose against a series of prior negotiations. On October 24, 2001, after the third day of trial, Draper had a conversation with Cuipylo in which he offered to settle Plaintiffs claims against Woodis in an amount slightly less than Plaintiffs then outstanding demand. It appears that Woodis was willing to pay this amount from his own pocket even though Draper, evidently, had been attempting to obtain an indemnification agreement from Westfield Gage for quite some time. The next morning, October 25, 2001, Draper informed Westfield Gage’s attorney, Timothy J. Ryan (“Ryan”), that he had been authorized to settle Plaintiffs claim at the amount of Plaintiffs demand, but that Woodis was still seeking indemnification. Ryan immediately so advised Westfield Gage’s president, Fred Filios (“Filios”), who told Ryan that, while West-field Gage would be willing to indemnify Woodis for any “judgment” rendered against him, it would not pay the proposed “settlement.” Ryan thereafter informed Draper of Filios’ position. In a hand-delivered letter dated October 25, 2001, Draper memorialized Ryan’s representation and asked for Ryan’s written confirmation. The very next day, Ryan, via a hand delivered letter, did just that, stating the following: Please be advised that I have been authorized ... to represent that Westfield Gage Company, Inc. will indemnify Mr. Edward Woodis in the event of any judgment against him in the case of Horney v. Westfield Gage Company, Inc. This indemnification applies only to judgments entered by the Court and does not extend to any separate settlement by Mr. Woodis with the Plaintiff. (Woodis’ Exhibit 2, Exhibit 4 thereto.) Draper then advised Cuipylo that Plaintiffs last demand was rejected and that Woodis’ counter-offer was withdrawn. As indicated, on November 5, 2001, the jury reached its verdict which, in applicable part, found Woodis liable to Plaintiff for sexual harassment in the amount of $25,000. The next day, November 6, 2001, Draper resurrected settlement discussions with Cuipylo, asking whether, in exchange for $25,000, Plaintiff would consider waiving any request for interest, attorney’s fees or expenses with respect to the Woo-dis claim. Draper then spoke with Ryan about his conversation with Cuipylo and asked whether Westfield Gage was interested in pursuing such a settlement. Draper confirmed his conversation with Ryan in a letter dated November 6, 2001. In that letter, Draper indicated that, according to Cuipylo, Plaintiff “might be willing to accept the amount of the judgment ($25,000) if paid promptly, thereby [enabling Woodis to] avoid[ ] approximately $6,000 in interest” and again asked Ryan whether “West-field Gage has any interest in pursuing [such] a resolution.” {Id., Exhibit 5.) Ryan, however, did not pursue the matter with Westfield Gage — later testifying that it “escaped” him — at least until he received a telephone call from Draper on either November 28, 2001, the day after the court entered judgment, or the following day, November 29th. No matter when this conversation took place, and although Ryan’s recollection of it is somewhat vague, Draper testified, and the court finds, that the conversation included a discussion about settling the Woodis claim for $25,000 and about Westfield Gage paying the settlement proceeds. Draper also testified, and the court finds, that, during the telephone conversation, Ryan told Draper to “do it” or words to that effect. It is undisputed that, on November 29th, Draper spoke with Cuipylo and reached a $25,000 settlement agreement, the terms of which are set out in a draft Agreement for Judgment which Draper forwarded via facsimile to Cuipylo the next day. Draper’s November 30th faxed cover letter to Cuipylo “confirm[ed]” that an agreement had been reached and asked that she advise him whether she wished to make any changes to the attached document. (Plaintiffs Exhibit 1, Exhibit B thereto.) At the time, both Cuipylo and Draper had their clients’ respective authority to enter into the agreement. Before sending the November 30th facsimile to Cuipylo, Draper “spoke with ... Ryan to confirm that the terms and the conditions of the settlement agreement with ... Cuipylo were acceptable with Westfield Gage.” (Woodis’ Exhibit 2 ¶ 10.) They evidently were. As Draper averred: “Ryan informed me that the settlement terms were acceptable. My recollection is that the only issue ... Ryan and I did not discuss on November 29, 2001 was the manner in which Westfield Gage would make payment of the settlement proceeds.” (Id.) Thus, in a separate communication with Ryan on November 30th, Draper “confirmed” his conversation and requested information only “as to how payment of the settlement proceeds by West-field Gage would be made to ... Plaintiff’ (id.), i.e., “whether ... Westfield Gage would make direct payment to [Plaintiff] or route it through [Draper’s] account” (id., Exhibit 6 thereto). A November 30th facsimile from Draper to Ryan included a copy of the draft Agreement for Judgment which Draper had forwarded to Cuipylo, along with Draper’s November 30th faxed cover letter to Cuipylo in which he had “eonfirm[ed]” his agreement with her. Ryan immediately forwarded Draper’s correspondence to Filios, although Draper’s November 30th letter to Cuipylo was, for some reason, omitted. In any event, Ryan stated in his cover letter to Filios that, “[a]t this point I recommend the settlement.” (Westfield Gage Exhibit 2.) A few days after receiving Ryan’s correspondence, Filios — who, in the interim, had discussed the matter with Westfield Gage’s general counsel — told Ryan that Westfield Gage did not accept the “proposed” arrangement. Ryan informed Draper of that fact in a telephone call on December 4th, although he gave no reason for the decision. Draper then immediately advised Cuipylo by facsimile dated December 4, 2001, that ‘Woodis cannot enter into the proposed Agreement for Judgment” and that he would be filing post-trial motions shortly. (Plaintiffs Exhibit 1, Exhibit C thereto.) Plaintiffs present motion and Woodis’ cross motion soon followed. 2. Analysis The court first considers Plaintiffs motion to enforce her settlement agreement with Woodis. It then addresses Woodis’ cross motion that Westfield Gage be ordered to pay the $25,000 settlement amount. a. Plaintiff’s Motion to Enforce Although the parties utilize a combination of state and federal law, the appropriate standard for determining whether the agreement is enforceable is federal. As the First Circuit recently clarified, federal law must be applied to settlement issues when, as here, the underlying lawsuit is based upon federal law. See Quint v. A.E. Staley Mfg. Co., 246 F.3d 11, 14 (1st Cir.2001), cert. denied, — U.S.-, 122 S.Ct. 1618, 152 L.Ed.2d 631 (2002); Malave v. Carney Hosp., 170 F.3d 217, 220 (1st Cir.1999). The fact that the lawsuit also raised state law claims makes no difference. See Ramirez v. DeCoster, 142 F.Supp.2d 104, 109 n. 5 (D.Me.2001) (“[T]he presence of pendent or supplemental state law counts ... cannot change the applicability of federal law to efforts to settle the lawsuit. Otherwise, different principles would apply to different counts, and a settlement agreement designed to settle an entire controversy could be enforceable as to some counts and not enforceable as to others, an impossible outcome.”). From the facts presented, it is clear that both Cuipylo and Draper had actual authority to enter a binding settlement on behalf of their clients. This case, therefore, differs from Michaud v. Michaud, 932 F.2d 77 (1st Cir.1991), Mason & Dixon Lines, Inc. v. Glover, 975 F.2d 1298 (7th Cir.1992), and Milewski v. Roflan Co. 195 F.Supp. 68 (D.Mass.1961), and other cases where authority was cloudy. It is also clear that the settlement was complete as to its essential terms, i.e., there was a meeting of the minds to the exchange and consideration. See Trifiro v. New York Life Ins. Co., 845 F.2d 30, 31 (1st Cir.1988); Restatement (Second) of Contracts § 17(1) cmt c. Finally, there is no doubt that the failure of Cuipylo and Draper to formalize the settlement in written form does not void the underlying agreement. See Quint, 246 F.3d at 15. Indeed, neither party claims that a fully executed document was required for them both to be bound. See also Petition of Mal de Mer Fisheries, Inc., 884 F.Supp. 635, 641 (D.Mass.1995) (holding that oral agreement to settle claim may be enforced as any other contract); Wang Labs., Inc. v. Applied Computer Sciences, Inc., 741 F.Supp. 992, 1001-01 (D.Mass.1990) (similar), rev’d on other grounds, 926 F.2d 92 (1st Cir.1991). Nonetheless, Woodis argues that the agreement ought to be voidable because of his “unilateral mistake” that Westfield Gage would pay the $25,000. The Restatement defines a “mistake” as “a belief that is not in accord with the facts.” Restatement (Second) of Contracts § 151. It then states the following with respect to a unilateral mistake: Where a mistake of one party at the time a contract was made as to a basic assumption on which he made the contract has a material effect on the agreed exchange of performances that is adverse to him, the contract is voidable by him if he does not bear the risk of the mistake under the rule in § 154 and (a) the effect of the mistake is such that enforcement of the contract would be unconscionable, or (b) the other party had reason to know of the mistake or his fault caused the mistake. Restatement (Second) of Contracts § 153. As to subsection (b) of section 153, there is no argument, let alone evidence, that Plaintiff “had reason to know of the mistake or [her] fault caused the mistake.” As to Woodis, the court will assume, for purposes here, that the alleged mistake went to his “basic assumption” and that it would have “a material effect” that would be “adverse to him.” The court will also assume, with regard to subsection (a) of section 153, that the effect of the mistake — to wit, forcing Woodis to pay $25,000 out of his own pocket — might well be “unconscionable.” Thus, the key question as far as the court is concerned is whether Woodis “[bore] the risk of mistake under the rule in [section] 154.” If so, the settlement agreement is not voidable by him. In the court’s opinion, Woodis did bear the sole risk of the mistake. Under subsection (b) of section 154, a party bears the risk of a mistake when “he is aware, at the time the contract is made, that he has only limited knowledge with respect to the facts to which the mistake relates but treats his limited knowledge as sufficient.” Restatement (Second) of Contracts § 154(b). Such is the case here. Woodis did not know, undisputably, that Westfield Gage would pay the settlement, but his attorney treated what he did know — Ryan’s confirmation “that the settlement terms were acceptable” — as sufficient to enter into the agreement with Plaintiff. Moreover, even if subsection (b) does not apply, the court, under subsection (c) of section 154, would allocate the risk to Woodis “on the ground that it is reasonable in the circumstances to do so.” Restatement (Second) of Contracts § 154(c). Draper was well aware of the risk and carefully tried to avoid it when he sought assurances from Ryan that Westfield Gage would pay the proceeds. The only other alternative — to put the risk of the mistake on Plaintiff whose attorney was specifically faxed the November 30th letter from Draper which “confirm[ed]” that an agreement had been reached' — would be manifestly unreasonable and unfair. In short, the court will not allow Woodis to void the settlement agreement because of his alleged unilateral mistake and, therefore, will allow Plaintiffs motion to enforce. In reaching this conclusion, the court in no way blames Draper for the situation; he did practically everything he could to ensure that Westfield Gage was on board before he took the final step. Still, in retrospect, Draper did not obtain precise written confirmation — as he had when he previously sought written confirmation of Westfield Gage’s agreement to indemnify Woodis against any judgment — of what he understood, through Ryan, to be Westfield Gage’s agreement to pay the settlement before he discussed the matter with Cuipy-lo. With that in mind, the court turns to Woodis’ cross motion that Westfield Gage be ordered to pay the $25,000 to Plaintiff. b. Woodis’ Cross Motion In his response to Plaintiffs motion to enforce, filed on December 21, 2001, Woodis submits that, should the court allow Plaintiffs motion, it must “determine and order that Westfield Gage is obligated to pay the $25,000 designated as the amount of the settlement .... ” (Docket No. 221 at 4.) Five days later, on December 26, 2001, Westfield Gage tendered a pleading which, although styled an “Opposition to Plaintiffs Motion to Enforce ...,” also responded to Woodis’ cross motion. (See Docket No. 222 at 3 (arguing that “[t]he evidence is clear that Westfield Gage has not agreed to fund the settlement agreement at this time”) and 3-4 (contending that should the court enforce the agreement, Westfield Gage is “entitled to relief due to excusable neglect”).) On March 7, 2002, one day before the eviden-tiary hearing, Westfield Gage filed a “Pre-Hearing Memorandum” which also argued that “Westfield Gage did not agree to pay the amount of the proposed settlement between Plaintiff and ... Woodis.” (Docket No. 236 at 1.) Thus, the issue is joined. The question raised in Woodis’ motion, simply stated, is this: did Westfield Gage agree to fund the $25,000 settlement agreement between Plaintiff and Woodis? Unfortunately for Woodis, the court’s answer to that query is “no.” It is well settled “that the decision to settle litigation belongs to the client, not the lawyer.” Malave, 170 F.3d at 221 (citing cases). Thus, “a settlement agreement entered into by an attorney is ineffective if the attorney did not possess actual authority to bind the client, and the cases so hold.” Id. (citations omitted). Stated another way, “actual authority,” not apparent authority, “is the barometer” in cases such as this. Id. See also Quint, 246 F.3d at 13-15 (focusing on issue.of whether attorney had actual authority to enter agreement, on client’s behalf). There is no question that Ryan lacked actual authority to bind Westfield Gage to pay the $25,000 settlement. The'first time Filios, the only one who could grant Ryan authority, learned of Draper’s request was when Ryan forwarded, him Draper’s November 30th correspondence with respect to what Ryan termed a “proposed settlement.” After meeting with in-house counsel, Filios promptly told Ryan that West-field Gage did not accept the “proposed” deal. Given these facts, Ryan did not possess actual authority when he told Draper to “do it” or “that the settlement terms were acceptable.” That this may well have been imprudent on Ryan’s part does not make it authorized. The outcome would likely ' not differ were the court permitted to base its analysis oh considerations of apparent authority. See Malave, 170 F.3d at 221 n. 6. Apparent authority would have resulted “from conduct by the principal” — i.e., Filios — which would have caused Draper reasonably to have believed that Ryan had authority to agree to the payment arrangement. See Hinchey v. NYNEX Corp., 144 F.3d 134, 141 (1st Cir.1998). See also Restatement (Third) of Agency § 2.03 (Tentative Draft No. 2, 2001) (observing that apparent authority must be “traceable to the principal’s manifestations”). The court finds that Filios engaged in no such conduct. c. Final Thoughts Before concluding this section, the court adds some final observations. Judgment against Woodis was entered on November 27, 2001. At that moment, Woodis had the October 26th letter agreement from West-field Gage to “indemnify [him] ... in the event of any judgment [entered] against him ... by the Court.” Thus, had Woodis done nothing on November 27th — and putting the parties’ appellate rights to the side — Westfield Gage would have been obligated to pay Plaintiff $31,888.36. As a result, Draper’s actions in negotiating a compromise with >1 Plaintiff would have saved Westfield Gage, were it to fund the settlement, $6,888.36 in interest, not to mention attorney’s fees, and costs. That is good lawyering on Draper’s part. Even the best lawyering, however, sometimes goes awry. See Precious v. O’Rourke, 270 Mass. 305, 170 N.E. 110, 111 (1930) (“When the attorney undertakes to bind his client to an agreement to compromise his chent’s substantial rights, the opposing party must ascertain at his peril whether the attorney has authority to make the settlement.”) This is just such a case. Woodis is now obligated to pay Plaintiff the $25,000 out of his own pocket, since,'for the reasons stated, the court will not require Westfield Gage to fund a settlement to which its president did not agree, even though doing so might save it thousands of dollars. Thus, Woodis’ plight lies squarely with Ryan who agreed to the arrangement. At the very least, the comb urges Westfield Gage, if for equitable reasons only, to seriously consider funding the Woodis settlement. These final thoughts aside, the court, for the reasons stated, will rule as follows. Plaintiffs motion to enforce her $25,000 settlement with Woodis will bé allowed and Woodis’ cross motion that Westfield Gage be ordered to pay the $25,000 settlement amount will be denied. B. WESTFIELD GAGE’S POST-JUDGMENT MOTIONS In the first of its two motions, filed pursuant to Fed.R.Civ.P. 50(b), Westfield Gage makes a number of arguments, many of which were made previously in its Rule 50(a) motions for judgment as a matter of law and rejected. Westfield Gage’s second motion is brought pursuant to Fed. R.Civ.P. 59 and, as such, seeks a new trial. Alternatively, Westfield Gage argues in its second motion that it is entitled to a substantial remittitur of damages. 1. Westfield Gage’s Motion for Judgment as a Matter of Law Westfield Gage’s first motion attacks the three claims for which the jury awarded damages against it: sexual harassment, FEPA and gender discrimination. In the court’s view, none of Westfield Gage’s arguments justify granting it judgment as a matter of law with respect to any one of these claims. a. Sexual Harassment Westfield Gage focuses on three arguments with respect to the Title VII and chapter 151B sexual harassment claims for which the jury awarded Plaintiff $250,000 in emotional damages. The court finds all three arguments unavailing. First, Westfield Gage asserts that Plaintiff failed to establish unlawful sexual harassment because, based on her own admitted conduct, she did not find the alleged hostile environment to be “unwelcome” or “offensive.” See Faragher v. City of Boca Raton, 524 U.S. 775, 787, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (noting that sexually objectionable environment must be “one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so ”) (emphasis added). Westfield Gage fails to fully recognize, however, that even “[v]oluntary participation in acts that constitute sexual harassment ... does not necessarily bar recovery .... ” Beaupre v. Cliff Smith & Associates, 50 Mass.App.Ct. 480, 738 N.E.2d 753, 763 n. 15 (2000) (citing, inter alia, Meritor Sav. Bank v. Vinson, 477 U.S. 57, 68, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)), rev. denied, 433 Mass. 1101, 742 N.E.2d 81 (2001). The mere fact that a plaintiff participates in some workplace conduct that is sexual “does not, by itself, prove that the conduct is welcome and that she does not perceive her environment to be hostile.” Lawless v. Northeast Battery & Alternator, 2001 WL 1805185, at *1 (MCAD Nov. 30, 2001). Nor does it suggest that she “enjoyed or appeared to enjoy the campaign of harassment against her.” Carr v. Allison Gas Turbine Div., Gen. Motors Corp., 32 F.3d 1007, 1011 (7th Cir.1994). A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States .... In this vein, the court flatly rejects the implication lurking in Westfield Gage’s memoranda that there is no difference between Plaintiffs use of sexual epithets (e.g., “cunt” and “bitch”) and the use of the same or similar words by male employees, some of whom were her supervisors. (See, e.g., Docket No. 211 at 3 n. 1 (describing Plaintiffs position as “nothing more than a cynical sexual stereotype”).) Decades ago, Justice Oliver Wendell Holmes observed that “[a] word is not a crystal, transparent and unchanged” but “is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.” Towne v. Eisner, 245 U.S. 418, 425, 38 S.Ct. 158, 62 L.Ed. 372 (1918). Like the word “nigger,” see Randall Kennedy, Nigger: The Strange Career of a Troubling Word 34-55 (Pantheon Books 2002) (chronicling historical difference between African Americans’ use of “nigger” and use by racist whites), the court believes that “cunt”— and similar epithets pertaining to women — is just such a word. Indeed, many courts have concluded that there may well be a profound difference between a harassed woman’s use of sexually-explicit language (and conduct) and similar language (and conduct) used by men. See Carr, 32 F.3d at 1011 (holding that sexually explicit words and conduct of female shop-worker cannot be used to justify similar conduct by men and exonerate their employer); Swentek v. USAIR, Inc., 830 F.2d 552, 557 (4th Cir.1987) (finding it improper- for trial judge to suggest that plaintiffs own. use of foul language or sexual innuendo meant that she welcomed similar behavior by male coworker); Van Jelgerhuis v. Mercury Fin. Co., 940 F.Supp. 1344, 1361 (S.D.Ind.1996) (holding that' “a woman does not forfeit her right to be free from sexual harassment by virtue of her-participation in sexual banter”); Kahn v. Salerno, 90 Wash. App. 110, 951 P.2d 321, 327-28 (1998) (concluding that plaintiff “did not waive her legal protections against unwelcome harassment, by using foul language” such as “fuck,” “fucking” and “bitch”). ’ As Judge Posner of the Seventh Circuit Court of Appeals has written, the use of foul language “may be defensive; may be playful rather than' hostile or intimidating; may be colored by tone or body language; [or] ... may be done in a placating, conciliatory, or concessive manner in an effort to improve relations with hostile or threatening coworkers.” Galloway v. Gen. Motors Service Parts Operations, 78 F.3d 1164, 1167 (7th Cir.1996),. abrogated on other grounds, National R.R. Passenger Corp. v. Morgan, —- U.S.-, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). The jury rationally could have considered such to be the case here. As Dr. Price testified on cross examination: [Plaintiff]’s occasional use of profanity represented an adaption to an environment in which the use of profanity was rife. In this regard, she described herself as having become “crusted,” e.g., hardened to the use of profanity. -This usé of profanity represented both an attempt to “fit in”' and to adjust, e.g., ■survive in her environment. This behavior was not typical of [Plaintiff] either before or following her having worked at Westfield Gage. (Tr. Vol. IV at 60-61.) The only potentially contrary decisions which Westfield Gage discusses in any detail are inapposite. See Ramsdell v. Western Mass. Bus Lines, Inc., 415 Mass. 673, 615 N.E.2d 192 (1993); Zereski v. Am. Postal Workers Union, 2001 WL 1602782 (MCAD Oct. 23, 2001). Each of these cases turned on credibility determinations that went against the particular claimant. Here, in contrast, the jury obviously made a different credibility finding, that Plaintiff, despite some participation on her part, objectively perceived the overall environment at Westfield Gage to be hostile, abusive and unwelcome. And the jury had sufficient evidence upon which to ground that conclusion; for example, Plaintiffs testimony that she complained about the language and other sexually explicit materials and that she often left the workplace in tears because of that environment. The court is loathe to upset such credibility determinations, see Gray v. Genlyte Group, Inc., 289 F.3d 128, 141 (1st Cir.2002) (observing that “credibility is preeminently a jury matter”), and, as a result, rejects Westfield Gage’s first argument. Second, Westfield Gage argues that its alleged conduct was not gender-related and, thus, did not rise to the level of actionable sexual harassment. In pursuing this argument, Westfield Gage appears to describe the environment, at worst, as merely one of crude language directed equally at males and females. Therefore, Westfield Gage asserts, no reasonable jury could have concluded that the conduct was directed at Plaintiff because she is a woman. Relatedly, Westfield Gage maintains that the harassment was not “severe and pervasive” as a matter of law. For an environment to be actionable under Title VII, the harassment must be “sufficiently severe or pervasive to alter the conditions of the '[plaintiffl’s employment and create an abusive working environment.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 78, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998); White v. New Hampshire Dep’t of Corrections, 221 F.3d 254, 259 (1st Cir.2000). See also Muzzy v. Cahillane Motors, Inc., 434 Mass. 409, 749 N.E.2d 691, 694 (2001) (similar standard under chapter 151B). The harassment must also be “because of ... sex,” Oncale, 523 U.S. at 81, 118 S.Ct. 998, although under chapter 151B even “[c]onduct which is not specifically sexual in nature may nonetheless be evidence of sexual harassment,” Morehouse v. Berkshire Gas Co., 989 F.Supp. 54, 62 (D.Mass.1997) (citing Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997)). In light of the factual background — detailed above — the court believes that there was ample evidence for the jury to have reasonably found that Westfield Gage’s conduct was both gender-related and so severe and pervasive as to constitute sexual harassment. To be sure, neither Title VII nor chapter 151B are “general civility code[s]” and the sporadic use of vulgar or abusive language, without more, is not actionable. See Faragher, 524 U.S. at 788, 118 S.Ct. 2275; Cody v. Sutar, 1997 WL 109563, at *3 (Mass.Super. Mar. 11, 1997). Here, however, the jury could have reasonably determined that the sexually-charged and abusive language was used regularly by men toward women and that there was a host of other objectionable conduct, e.g., calendars, pictures, jokes and posters. Thus, at the very least, the questions of whether Westfield Gage’s conduct was gender-based and sufficiently severe and pervasive were appropriately submitted to the jury for its determination. See Conner v. Schrader-Bridgeport Intern., Inc., 227 F.3d 179, 199-200 (4th Cir.2000) (“[T]he legal principle that whether ... harassment [is] sufficiently severe or pervasive to create a hostile work environment [under Title VII] is quintessentially a question of fact for the jury.”) (citations and internal quotation marks omitted); Morehouse, 989 F.Supp. at 62 (“To determine whether the effects of harassment ... create a hostile work environment under chapter 151B, the court must ... approach the evidence from the view of a reasonable person in the plaintiffs position.”) (citations and internal quotation marks omitted). Third, Westfield Gage argues that Plaintiffs sexual harassment claims cannot stand as a matter of law because she, assertedly, failed to report the alleged behavior of her harassers. In so arguing, Westfield Gage relies on the affirmative defense formulated by the Supreme Court in Faragher and Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998), with respect to Title VII sexual harassment claims. There are two elements to the Faragher-Ellerth affirmative defense: “(a) that the employer 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.” Faragher, 524 U.S. at 807, 118 S.Ct. 2275. See also Ellerth, 524 U.S. at 762-63, 118 S.Ct. 2257. In pursuing its argument, it appears that Westfield Gage is targeting the second element of that defense. In the court’s view, Westfield’s Gage’s argument falls short for a number of reasons. For one thing, and most importantly, the jury never reached the second element of the Faragher-Ellerth affirmative defense. Rather, the jury determined that Westfield Gage failed to demonstrate the first element of its defense, i.e., that it exercised reasonable care to prevent and correct promptly any sexually harassing behavior in the workplace. (See id.; Docket No. 203, Special Verdict Question No. 9.) Even had the jury reached the second element, the court believes that, as detailed above, there was ample evidence that Plaintiff took some care to avoid the harm and, in fact, filed a formal report with respect to at least one incident. She also complained to Gutt, her human resources contact, “on a regular basis” if not “daily.” To the extent the jury may have credited this or other similar evidence of reporting, the court will not second-guess its factual determination. See Conto, 2000 WL 1513798, at *5 (holding, in case cited by Westfield Gage, that “[mjerely showing that an employer had a written policy and grievance procedure does not demonstrate as a matter of law that the employer took reasonable steps to prevent sexual harassment in its workplace”) (citing decisions from Third, Fourth, Seventh and Ninth Circuits), aff'd, 265 F.3d 79 (1st Cir.2001). Granted, Westfield Gage initially contended that Patterson and Berube, not Gutt, were “the individuals identified in the sexual harassment policy as contact persons,” (Docket No. 211 at 8), but that alleged distinction makes no difference to this issue. Gutt was specifically identified to Plaintiff as her human resources contact and as the person to whom sexual harassment complaints should be made. Even Berube, Gutt’s boss, conceded that Gutt was charged with investigating workplace complaints. Finally, it was not a foregone conclusion that Westfield Gage was even entitled to a Faragher-Ellerth affirmative defense instruction and corresponding special verdict questions. As the Supreme Court stated in Faragher, “[n]o affirmative defense is available ... when the supervisor’s harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment.” Id., 524 U.S. at 808, 118 S.Ct. 2275 (citation omitted). In the case at bar, Plaintiffs presentation was peppered with allegations that she was subjected to a number of adverse employment actions, including her eventual discharge. See discussion, infra, at 11(C)(1)(c). Indeed, Westfield Gage’s own proposed sexual harassment instructions recognized the point. (See Docket No. 156 ¶ 12.) Thus, it is conceivable that, had Plaintiff objected, the court might have properly eliminated the Faragher-Ellerth affirmative defense altogether. The fact that the jury considered the defense only helped Westfield Gage. b. FEPA Westfield Gage aims two arguments at the FEPA claim for which, as indicated, the jury awarded Plaintiff $8,140 in damages: (1) that Plaintiff failed to make out a prima facie case of FEPA discrimination; and (2) that Westfield Gage sustained its burden of proof with respect to its FEPA affirmative defense. The court finds neither argument sufficient to grant judgment in Westfield Gage’s favor. Westfield Gage first argues that Plaintiff failed to make out a prima facie case of discrimination under FEPA because she failed to prove that it paid different wages to men for “substantially equal” work. See McMillan v. Mass. Soc’y for Prevention of Cruelty to Animals, 140 F.3d 288, 298 (1st Cir.1998) (outlining elements of FEPA prima facie case). In the court’s view, Westfield Gage’s argument is misplaced for a number of reasons. For one thing, the jury could have reasonably compared Plaintiffs initial position as a parts marker to entry level men in the burring department. Plaintiff was initially hired in parts marking, an area described by Frisbie, Westfield Gage’s Vice President of Manufacturing, as one for new employees “with limited experience.” (Tr. Vol. Ill at 186.) Another such area, Fris-bie testified, was burring. (Id) Frisbie himself started his career in burring at age sixteen. (Id at 142,184.) As a parts marker, Plaintiff, from 1994 to 1997, made between $8 and $10 per hour. The wages of several new male burners during the same time frame, however, were higher. For example: Leon LaFreniere, Jr., started in burring in 1995 at $13 per hour and by 1996 was making $13.50 per hour; Kevin Williams started in burring in 1995 at $10 per hour and by 1997 was making $11.50 per hour; and Daniel Minelli started in burring in 1997 at $10 per hour. (See Plaintiffs Exhibit 20; Westfield Gage’s Exhibit 5.) Granted, LaFreniere came to Westfield Gage with sixteen years experience as a machinist — as compared to Plaintiffs several years of quality control and assembly work — but Williams had only two years of engineering at a community college and one year of burring prior to coming to Westfield Gage, and Minelli, when he started, had only some “military” and one year of burring experience. (Westfield Gage’s Exhibit 5.) Thus, it was not unreasonable for the jury to have concluded that Plaintiff, as an entry-level parts marker, was paid less than similarly-situated, entry-level male burrers. In addition, the jury could have reasonably concluded that, while Plaintiffs move to inspections included no wage increase, it was clearly a promotion. As Frisbie testified, it would have been a step up had she moved from the male-dominated burring department into inspections. (See Tr. Vol. Ill at 188-89 (“[W]e started them maybe in burring and then if they showed progress they would go up[,] maybe work inspection three or four months to learn how to check parts”) and 193 (noting that if workers became proficient at burring they might “progress to inspection”).) Yet Plaintiff received no wage increase when she moved into inspections. It would not have been unreasonable for the jury to have concluded as well that Plaintiffs job as an “inspector,” even as an inspector “trainee,” was similar, if not more difficult, than higher-paying jobs held by some men as “lappers.” The relevant job descriptions state that, for lap-pers, prior experience is “helpful, but not required” and “[pjrevious job shop experience [is] helpful, but not necessary.” (Plaintiffs Exhibit 15.) For inspectors or inspector trainees, however, prior experience is “required” — as is “Knowledge of geometric toleraneing” and “[previous job shop experience” — and “[mjachining experience [is] preferred.” (Id.) To be sure, lappers had to be “[hjighly knowledgeable and proficient in geometric toleraneing,” (id. (emphasis added)), but Frisbie affirmed that, in practice, geometric toler-ancing was a skill that a lapper “develops over time as [he] become[s] a lapper or as [he] works on that position,” and that such experience, in reality, was “not required” (Tr. Vol. Ill at 168). Again, during the end of 1997 and the beginning of 1998, Plaintiff made $10 per hour as an inspector. Certain male lap-pers, however, made more during the same time frame. For example: Todd Koivisto started in lapping in 1994 at $10 per hour and by 1997 was making $12.50 per hour. Edward Neid was rehired in lapping in 1997 at $15 per hour; and Harry Schumann was restarted in lapping in 1997 at $13 per hour and later that year was making $14 per hour. (See Plaintiffs Exhibit 20; Westfield Gage’s Exhibit 5.) Granted, by 1997, Neid had fourteen years experience as a machinist and Schumann had twenty-five years experience as a lapper or a grinder. (Westfield Gage’s Exhibit 5.) But Koivisto, not unlike Plaintiff, came to Westfield Gage with only four years in another company’s finishing department. (Id.) Thus, it was not unreasonable for the jury to have concluded that Plaintiff, as an inspector, was paid less than similarly-situated (or perhaps even less experienced) male lap-pers. See E.E.O.C. v. State of Rhode Island, 549 F.Supp. 60, 67 (D.R.I.1982) (noting that the similarity of effort may be measured by the physical or mental exertion needed for particular jobs), aff'd, 720 F.2d 658 (1st Cir.1983). Further, the jury may have reasonably concluded that, as an inspector, Plaintiff was paid less than similarly situated male inspectors. There was only one written job description for inspectors, entitled “Inspector or Trainee.” (Plaintiffs Exhibit 15.) In 1997, Plaintiff was paid $10 per hour as an inspector, but the male inspectors were paid between $13.50 and $18 per hour. (Plaintiffs Exhibit 21.) Also, there was evidence that Plaintiff was experienced in inspections and thus entitled to a higher wage; as indicated, Plaintiff had several years of quality control work prior to her employment at Westfield Gage, had worked as a parts marker in the inspection department for three and one-half years, “aeed” an entry level mechanical aptitude test faster than anyone else, and was given certain other supervisory and training responsibilities. Finally, there was evidence that the general “working conditions” for most of the shop jobs, e.g., exposure to internal or external elements, were basically the same. See E.E.O.C. v. Rhode Island, 549 F.Supp. at 68. In all, the jury could have reasonably concluded that Westfield Gage paid different wages to men “for substantially equal work” and, thus, that Plaintiff made out a prima facie case of FEPA discrimination. For similar reasons, the court rejects Westfield Gage’s second argument that the jury could not have reasonably found that Westfield Gage failed to sustain its burden of proof with respect to its FEPA affirmative defense. See McMillan, 140 F.3d at 298 (holding that once FEPA plaintiff makes prima facie showing of wage discrimination, burden shifts to employer to prove that pay disparity can be explained by legitimate factor such as seniority or performance). The jurors were instructed under the statute and specifically asked whether Westfield Gage had persuaded them that the pay differences were in any way attri