Full opinion text
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW, MOTION FOR NEW TRIAL, AND MOTION TO AMEND JUDGMENT AND PLAINTIFF’S MOTION TO AMEND COMPLAINT BENNETT, Chief Judge. Title VII “is ... neither a general civility code nor a statute making actionable the ordinary tribulations of the workplace.” The defendant in this sex discrimination case argued that this was precisely what the plaintiff was attempting to do. The jury rejected that contention, and following an exceptionally well-tried employment discrimination jury trial, the court is called upon in these post-trial motions to answer, among other things, whether the plaintiff presented sufficient evidence on her Title VII claims to support the jury’s verdict in her favor. Specifically, the court will resolve the defendant’s motions for judgment as a matter of law, for new trial, and to amend judgment. The court must also resolve the plaintiffs motion to amend complaint. I. INTRODUCTION AND BACKGROUND This sex discrimination lawsuit arose out of Rita Baker’s (“Baker”) employment with the defendant, John Morrell & Co. (“John Morrell”), as a Computer Scale Operator in the defendant’s Sioux City, Iowa meat packaging plant. Baker began her employment at John Morrell in 1984, and she continued to work for John Morrell until April of 2001. She initiated this lawsuit, claiming that she was constructively discharged, subjected to disparate treatment and a sexually hostile work environment, and retaliated against for challenging the sexual discrimination she endured at John Morrell — all in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The case was tried to a jury for seven days, beginning on September 23, 2002. The case was submitted to the jury in the late afternoon of October 1, 2002. The following afternoon, on October 2, 2002, the jury returned its verdict. It found in favor of Baker on her claims of sexual harassment and retaliation. The jury also found on both of these claims that Baker was constructively discharged, and, pertinent to her retaliation claim, the jury found that John Morrell had failed to prove its “same decision” defense. On Baker’s claim of disparate treatment, the jury found in favor of John Morrell. The jury awarded the following damages for John Morrell’s wrongful conduct: On her claim of sexual harassment, $250,000.00 for past emotional distress and $50,000.00 for future emotional distress; on her retaliation claim, $75,000.00 for past emotional distress and $10,000.00 for future emotional distress. The jury also awarded $150,000.00 for past emotional distress and $200,000.00 for future emotional distress for Baker’s constructive discharge. Moreover, the jury awarded $14,470.24 for Baker’s past medical expenses and $90,000.00 for future medical expenses on her sexual harassment claim. The jury also found that Baker was entitled to a $33,314.73 award for backpay. Finally, the jury assessed a sizable punitive damages award against John Morrell: $600,000.00 for sexual harassment and $50,000.00 for retaliation. The Clerk of Court entered this judgment on October 2, 2002. The plaintiff in this case is represented by lead counsel Stanley Munger, as well as by Jay Denne and Colby Lessman, all of Munger, Reinschmidt & Denne, Sioux City, Iowa. The defendant is represented by Leslie Stellman of Hodes, Ulman, Pes-sin & Katz, P.A., Towson, Maryland, and by Scott Folkers, in-house counsel for John Morrell in Sioux Falls, South Dakota. Presently before the court is the plaintiffs Motion to Amend Complaint (Doc. No. 120). The defendant has also filed several post-trial motions, which are before the court as well: Motion for Judgment as a Matter of Law (Doc. No. 131); Motion for New Trial (Doc. No. 133); and Motion to Amend Judgment (Doc. No. 135). Both parties filed timely resistances to the opposing party’s various post-trial motions, and the court finds that the case is ripe for disposition. The basis of John Morrell’s Motion for Judgment as a Matter of Law, brought pursuant to Federal Rule of Civil Procedure 50, is threefold. First, John Morrell argues that the plaintiff produced insufficient evidence at trial for a reasonable jury to find in favor of the plaintiff on her sexual harassment claim because the evidence failed to show (1) that the harassment was “based on sex”; (2) that the harassment was sufficiently severe or pervasive to have affected a term, condition, or privilege of Baker’s employment; or (3) that John Morrell did not take proper remedial action. Second, the defendant contends that there was no legally sufficient basis for a reasonable jury to find for Baker on her retaliation claim, primarily because John Morrell asserts that her claim fails for lack of causation. And third, John Morrell argues that it is entitled to judgment as a matter of law because there was no legally sufficient basis for a reasonable jury to find for the plaintiff on her claims of constructive discharge because Baker’s working conditions at John Morrell were not objectively intolerable and because the evidence did not demonstrate that John Morrell intentionally made Baker’s working conditions intolerable in an effort to force her to quit. In the defendant’s Motion for New Trial, brought pursuant to Federal Rule of Civil Procedure 59, John Morrell submits that it is entitled to a new trial because (1) the court erroneously allowed the unfairly prejudicial testimony of other current and former female John Morrell employees who testified that they had experienced sexual harassment at John Morrell; (2) the court improperly instructed the jury and prejudiced the defendant by including specific allegations of the alleged harassing conduct in Final Instruction No. 3, which outlined the elements of Baker’s sexual harassment claim; (3) the court erroneously permitted hearsay rumor testimony; (4) the court erroneously allowed Baker’s treating general physician to testify regarding the substance and causation of the plaintiffs emotional distress; and (5) in closing arguments, the plaintiffs counsel referred to the sexual harassment that Baker experienced as “terrorist” acts, which John Morrell argues was unwarranted and highly prejudicial to the defendant. In John Morrell’s last motion, its Motion to Amend Judgment, John Morrell argues that the court should reduce the plaintiffs substantial jury award to $300,000.00, exclusive of backpay, in order to comply with Title VIPs statutory damages cap, as provided for by the Civil Rights Act of 1991, 42 U.S.C. § 1981a(b)(3)(D). Moreover, the defendant requests the court further remit Baker’s emotional distress award on the grounds that the award is excessive and not supported by the evidence. John Mor-rell also contends that the jury’s award for punitive damages must be stricken because Baker failed to prove that the defendant acted with the requisite “malice or reckless indifference” to her rights under Title VII. In the alternative, John Morrell requests that the punitive damages award be remitted, arguing that it is excessive and not supported by the evidence. In the plaintiffs Motion to Amend Complaint, Baker seeks leave of court to amend her complaint to conform to the evidence, pursuant to Federal Rule of Civil Procedure 15, to add a claim under the Iowa Civil Rights Act (“ICRA”), Iowa Code chapter 216. The amendment is critical because only by adding a state-law claim on her sexual harassment and retaliation claims can she escape the Title VII damages liability cap. Baker argues that the defendant was on notice of the state-law claims and was not prejudiced in its defense of the lawsuit because the standards for liability are identical under Iowa law and federal law. In addition, the plaintiff seeks an award of prejudgment interest, which is available under state law but not under federal law. II. DISCUSSION The court will begin its analysis by addressing the defendant’s motions for judgment as a matter of law and for new trial, turning next to the plaintiffs motion to amend complaint, and concluding with a discussion of the myriad of issues related to the plaintiffs damages. A. Defendant’s Motion for Judgment as a Matter of Law 1. Applicable standards The standards for a motion for judgment as a matter of law are outlined in Rule 50 of the Federal Rules of Civil Procedure. In pertinent part, Rule 50 provides: (a) Judgment as a Matter of Law. (1) If during the trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentia-ry basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue. (2) Motions for judgment as a matter of law may be made at any time before the submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment. (b) Renewing Motion for Judgment After Trial; Alternative Motion for New Trial. If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to jury subject to the court’s later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment — and may alternatively request a new trial or join a motion for a new trial under Rule 59. In ruling on a renewed motion, the court may: (1) if a verdict was returned: (A) allow the judgment to stand, (B) order a new trial, or (C) direct entry of judgment as a matter of law; or (2) if no verdict was returned; (A) order a new trial, or (B) direct entry of judgment as a matter of law. Fed R. Civ. P. 50(a)-(b). “Judgment as a matter of law is appropriate only when all of the evidence points one way and is susceptible of no reasonable inference sustaining the position of the nonmoving party.” Manus v. American Airlines, Inc., 314 F.3d 968, 972 (8th Cir.2003) (quoting Belk v. City of Eldon, 228 F.3d 872, 877-78 (8th Cir.2000) (citation omitted by Manus court)). The Eighth Circuit Court of Appeals reiterated the standards to be applied by the district court — as well as the appellate court — in determining a motion for judgment as a matter of law: When the motion seeks judgment on the ground of insufficiency of the evidence, the question is a legal one. Hathaway v. Runyon, 132 F.3d 1214, 1220 (8th Cir.1997); Jarvis v. Sauer Sundstrand Co., 116 F.3d 321, 324 (8th Cir.1997). A jury verdict must be affirmed “ ‘unless, viewing the evidence in the light most favorable to the prevailing party, we conclude that a reasonable jury could have not found for that party.’ ” Stockmen’s Livestock Mkt., Inc. [v. Norwest Bank of Sioux City ], 135 F.3d 1236, 1240-41 (8th Cir.1998) (quoting Chicago Title Ins. Co. v. Resolution Trust Corp., 53 F.3d 899, 904 (8th Cir.1995)). Cross v. Cleaver, 142 F.3d 1059, 1066 (8th Cir.1998); accord Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 135, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000) (stating that under Rule 50, a court should render judgment as a matter of law when “a party has been fully heard on an issue and there is no legally sufficient evidentia-ry basis for a reasonable jury to find for that party on that issue.”) (citations omitted). Thus, this standard requires the court to: “[Cjonsider the evidence in the light most favorable to the prevailing party, assume that the jury resolved all conflicts of evidence in favor of that party, assume as true all facts which the prevailing party’s evidence tended to prove, give the prevailing party the benefit of all favorable inferences which may reasonably be drawn from the facts, and deny the motion, if in light of the foregoing, reasonable jurors could differ as to the conclusion that could be drawn from the evidence.” Minneapolis Community Dev. Agency v. Lake Calhoun Assoc., 928 F.2d 299, 301 (8th Cir.1991) (quoting Atlas Pile Driving Co. v. DiCon Fin. Co., 886 F.2d 986, 989 (8th Cir.1989)); see also Stephens v. Johnson, 83 F.3d 198, 200 (8th Cir.1996) (citing Whitnack v. Douglas County, 16 F.3d 954, 956 (8th Cir.1994), in turn, quoting Hastings v. Boston Mut. Life Ins. Co., 975 F.2d 506, 509 (8th Cir.1992)); Haynes v. Bee-Line Trucking Co., 80 F.3d 1235, 1238 (8th Cir.1996); Nelson v. Boatmen’s Bancshares, Inc., 26 F.3d 796, 800 (8th Cir.1994) (reiterating these factors, citing White v. Pence, 961 F.2d 776, 779 (8th Cir.1992)); McAnally v. Gildersleeve, 16 F.3d 1493, 1500 (8th Cir.1994) (same). This standard for consideration of a motion for judgment as a matter of law accords the jury’s verdict substantial deference. Tilson v. Forrest City Police Dep’t, 28 F.3d 802, 806 (8th Cir.1994), cert. denied, 514 U.S. 1004, 115 S.Ct. 1315, 131 L.Ed.2d 196 (1995); McAnally, 16 F.3d at 1500. However, even with this deference to the jury’s verdict, the jury cannot be accorded “the benefit of unreasonable inferences, or those ‘at war with the undisputed facts.’ ” McAnally, 16 F.3d at 1500 (quoting City of Omaha Employees Betterment Ass’n v. City of Omaha, 883 F.2d 650, 651 (8th Cir.1989), in turn, quoting Marcoux v. Van Wyk, 572 F.2d 651, 653 (8th Cir.1978)). “ ‘While [the court] [is] compelled to accord the utmost respect to jury verdicts and tread gingerly in reviewing them, [the court] [is] not a rubber stamp convened merely to endorse the conclusions of the jury, but rather [has] a duty to reverse the jury verdict if the evidence cannot support it.’ ” Ocheltree v. Scollon Productions, Inc., 308 F.3d 351, 355 (4th Cir.2002) (quoting Price v. City of Charlotte, 93 F.3d 1241, 1250 (4th Cir.1996) (internal citations omitted)), rehearing en banc granted, opinion vacated on other grounds (Dec. 16, 2002). Nevertheless, the court must still defer to the jury’s resolution of conflicting testimony. Jackson v. Virginia, 443 U.S. 307, 326, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Having reviewed the applicable standards, the court turns to an examination of the claims raised in John Morrell’s motion for judgment as a matter of law to determine whether post-trial relief from the jury’s verdict against John Morrell is appropriate. 2. Sufficiency of the evidence — sexual harassment Title VII makes it unlawful for an employer “to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] 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). A hostile work environment sexual harassment claim requires that the plaintiff show: Stuart v. General Motors Corp., 217 F.3d 621, 631 (8th Cir.2000). John Morrell contends that Baker failed to prove the final three elements of her sexual harassment claim—namely, that the harassment she was subjected to while an employee at John Morrell was based on her sex, that the harassment affected a term, condition, or privilege of her employment, and that John Morrell failed to take proper remedial action. (a) she is a member in a protected group; (b) she was subject to unwelcome sexual harassment; (c) the harassment was based on sex; (d) the harassment affected a term, condition, or privilege of employment; and (e) the employer knew or should have known of the harassment and failed to take proper remedial action. a. Based on sex John Morrell argues that Baker did not establish at trial that the harassment she endured was “based on” her gender. John Morrell argued to the jury and reasserts here in its post-trial motion that Baker’s harassers, Jeff Eichmann and Brian Murphy, were “equal opportunity harassers” who treated male co-workers as poorly as they treated Baker. John Morrell concedes that Eichmann’s and Murphy’s behavior was “rude, boorish, offensive, short-tempered, obnoxious, and demeaning,” but insists that the behavior “was simply workplace conflict exacerbated by the stresses of working on a production line where one worker’s performance constantly affects the other.” [Deft.’s JAML br. at 3-4]. “Employees are entitled to a workplace free from ‘discriminatory intimidation, ridicule, and insult’ motivated by the employees’ membership in a protected class.” Carter v. Chrysler Corp., 173 F.3d 693, 700 (8th Cir.1999) (citing Harris v. Forklift Sys., Inc., 510 U.S. 17, 21-22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); Meritor Sav. Bank FSB v. Vinson, 477 U.S. 57, 65, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986); Hathaway v. Runyon, 132 F.3d 1214, 1221 (8th Cir.1997)). In Scusa v. Nestle U.S.A. Co., 181 F.3d 958 (8th Cir.1999), the Court of Appeals for the Eighth Circuit examined the “based on sex” prong of a sexual harassment claim. The court explained: Whether harassing conduct constitutes discrimination based on sex is determined by whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed. See Montandon v. Farmland Indus., Inc., 116 F.3d 355, 358 (8th Cir.1997) (Montandon); Quick v. Donaldson Co., 90 F.3d 1372, 1378 (8th Cir.1996) (Quick) (quoting Harris v. Forklift Sys., Inc., 510 U.S. 17, 25, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (Harris) (Ginsburg, J., concurring)). Stated differently, the harassment must be based on the complaining person’s sex. See Montandon, 116 F.3d at 358. In Oncale v. Sundowner Offshore Serv., Inc., 523 U.S. 75, 81, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (Oncale), the Supreme Court said: “[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted ‘discrimina[tion] ... because of ... sex.’ ” Scusa, 181 F.3d at 965. In Scusa, the plaintiff conceded that her harassers were, as John Morrell portrays Eichmann and Murphy to be, equal opportunity harassers and that they meted out their offensive conduct to both men and women. Id. The Scusa plaintiff testified that her harassers berated her because of factors unrelated to her sex. Id. In Baker’s case, there was ample evidence presented at trial that Murphy and particularly Eichmann treated all of their co-workers badly. However, there was more than sufficient evidence for a reasonable jury to conclude that they treated Baker and other women differently—indeed, worse—than they treated men. Much of the evidence the jury heard was undeniably gender-based. While harassment alleged to be because of sex need not be explicitly sexual in nature, Smith v. St. Louis Univ., 109 F.3d 1261, 1265 (8th Cir.1997), Baker presented ample evidence that was explicitly sexual. For instance, Eiehmann and Murphy made sexually tinged “hip thrusting” gestures to Baker and sexually derogatory comments about her. Furthermore, the jury heard evidence that Murphy told Baker that he “wondered what she looked like without her clothes on” and asked her out on a date. Baker also testified that Eiehmann rubbed his groin up against her and told co-workers that she invited him to her house and answered the door with nothing on but an open robe. In addition, there was testimony that women were subjected to “hooting and hollering” in the cafeteria at John Morrell and could not apply Chapstick without receiving lascivious comments from male co-workers. These acts carry with them clear sexual overtones and permit an inference of gender-based harassment. See Bowen v. Missouri Dept. of Soc. Servs., 311 F.3d 878, 884 (8th Cir.2002) (reversing district court’s grant of summary judgment where district court ruled there was no evidence that co-worker’s conduct was “based on race” and holding that co-worker’s reference to plaintiff as a “white bitch” was sufficient evidence for a reasonable jury to conclude that the harassment was race-based) (citing O’Shea v. Yellow Tech. Servs., Inc., 185 F.3d 1093, 1097 (10th Cir. 1999)) (hostile work environment based on sex) (agreeing with Carter v. Chrysler Corp., 173 F.3d 693, 701 (8th Cir.1999)). Moreover, Eiehmann and Murphy frequently referred to Baker as a “stupid bitch.” The Eighth Circuit has held that use of the term “bitch” and other sexually explicit conduct may give rise to an inference of gender-based discrimination: Although workplace harassment is not “automatically discrimination because of sex merely because the words used have sexual content or connotations,” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 79, 118 S.Ct. 998, 1002, 140 L.Ed.2d 201 (1998), gender-based insults, including the term “bitch,” may give rise to an inference of discrimination based on sex, see Burns v. McGregor Electronic Industries, Inc., 989 F.2d 959, 964 (8th Cir.1993); see also Winsor v. Hinckley Dodge, Inc., 79 F.3d 996, 1000-01 (10th Cir.1996); 1 Barbara Lindemann & Paul Grossman, Employment Discrimination Law 808 (3d ed.1996) (citing cases). Carter, 173 F.3d at 700-01. Indeed, John Morrell’s own witness, Marilyn Alcantar, a supervisor at John Morrell, testified that Eiehmann treated both men and women rudely but that he treated women worse than men and with an air of superiority. Baker similarly testified, as did a current John Morrell employee, Kay Nilson, and a former John Morrell employee, Georgia Ris-ley. In fact, the jury heard evidence that Eichmann referred to Risley as a “fat cow” — a reference that is relevant to the gender-based inquiry. See Kimzey v. Wal-Mart Stores, Inc., 107 F.3d 568, 571, 574 (8th Cir.1997) (affirming hostile work environment jury verdict and noting that one of plaintiffs harassers referred to a female employee as a “fat bitch,” “stupid,” and “dummy,” which was evidence of gender-based discrimination). In cases where the alleged harasser directed offensive behavior at both men and women, a plaintiff “ ‘need not show ... that only women were subjected to harassment, so long as she shows that women were the primary target of such harassment.’ ” Duncan v. General Motors Corp., 300 F.3d 928, 934 (8th Cir.2002), petition for cert. filed, 2003 WL 447149, 71 USLW 3552 (Feb. 13, 2003), (quoting Beard v. Flying J, Inc., 266 F.3d 792, 798 (8th Cir.2001)); accord Quick, 90 F.3d at 1378 (finding that evidence that members of one sex were the primary targets of harassment is sufficient to show conduct is gender-based) (citations omitted). In Beard v. Flying J, Inc., 266 F.3d 792 (8th Cir.2001), the Eighth Circuit Court of Appeals rejected the defendant’s argument — like John Morrell’s argument here — that the alleged harassment was not “based on sex,” because the alleged harasser subjected males to the same kind of conduct that was the basis for the female plaintiffs sexual harassment claim. See Beard, 266 F.3d at 798. More specifically, the defendant in that case argued that, because of the harasser’s like conduct toward males, “women were not ‘exposed to disadvantageous terms or conditions of employment to which [males were] not exposed,’ ” as required to show that the conduct was “based on sex.” Id. (quoting Schoffstall v. Henderson, 223 F.3d 818, 826 (8th Cir.2000)). However, the Eighth Circuit Court of Appeals concluded that in a case supposedly involving the same conduct toward men and women, [a] plaintiff ... need not show ... that only women were subjected to harassment, so long as she shows that women were the primary target of such harassment. See Quick v. Donaldson Co., 90 F.3d 1372, 1378 (8th Cir.1996). Viewing the evidence in the light most favorable to [the plaintiff] a jury could reasonably find that the vast majority of [the harasser’s] activities of a harassing nature was directed toward female employees, and could thus conclude that the harassment of [the plaintiff] was based on sex. Beard, 266 F.3d at 798; accord Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 79-80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (although Title VII’s prohibition against sex discrimination protects men as well as women and harassing conduct need not be motivated by sexual desire to support inference of sex discrimination, critical issue is whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of other sex are not). John Morrell’s argument is in conflict with the evidence Baker presented at trial, which supports a finding that Murphy and particularly Eichmann subjected all John Morrell employees to rude behavior, but subjected Baker exclusively to sexually offensive and threatening conduct. See id. The court cannot simply choose to disbelieve Baker’s testimony, even if it is not corroborated. Furthermore, the Eighth Circuit Court of Appeals recognized that “[a]ll instances of harassment need not be stamped with signs of overt discrimination to be relevant under Title VII if they are part of a course of conduct which is tied to evidence of discriminatory animus. Harassment alleged to be because of sex need not be explicitly sexual in nature.” Carter v. Chrysler Corp., 173 F.3d 693, 700-01 (8th Cir.1999) (internal citations omitted). Here, Baker produced sufficient evidence to support the inference that, while Eichmann may have treated all employees with disdain, he targeted his harassment towards women. Alcantar’s testimony is also relevant to the inquiry of whether Baker was subjected to gender-based harassment. She testified that the milieu on the plant floor was biased against women and that there was a sense that the packing house industry was still “a man’s world” and that many of the male hourly employees felt that certain jobs should not be performed by women. [Tr., at 1250-52], Much of the evidence presented at trial regarding Eichmann’s boorish and degrading conduct echoed this testimony: Eichmann felt that he could do his job better than anyone else, particularly women, and he was not shy about intimidating others, again, particularly women, and forcing them to comply with his way of working the production line, even when it involved pushing and shoving women on the production line. In short, the jury rejected John Mor-rell’s “equal opportunity harasser” argument: there was more than sufficient evidence upon which a reasonable jury could find that Baker was treated more harshly than males, even though there was some evidence that Eichmann treated all of his coworkers badly. Further, there was no evidence presented at trial that Murphy treated anyone but Baker with disdain. The court concludes that Baker produced sufficient evidence from which reasonable jurors could infer that Eichmann’s and Murphy’s conduct toward her was based on sex. Therefore, the court denies John Morrell’s motion for judgment as a matter of law on this point, finding that the evidence supports the jury’s conclusion that Baker was subjected to harassment because of her sex. b. Severe or pervasive Next, John Morrell contends that, even if Eichmann’s and Murphy’s treatment of Baker was “based on [her] sex,” it was not sufficient, as a matter of law, to affect a term, condition, or privilege of employment, see Beard, 266 F.3d at 797 (fourth element), in that it was not sufficiently “severe or pervasive.” It argues that the evidence does not support a finding that the harassment was sufficiently severe or pervasive as to have affected a term, condition, or privilege of her employment. Baker, of course, disagrees and asserts that Eichmann’s and Murphy’s repeated harassment, teasing, mimicking, throwing boxes, physical threats, lewd hip thrusts, remarks about her body, rumors, and offensive comments affected the conditions of her employment. She also argues that her supervisor, Kathi Brown-Rowley, dis-criminatorily denied her breaks and assistance, which she further contends affected the conditions of her employment. Moreover, Baker argues that John Morrell’s Human Resources Director, Steve Joyce, affected the conditions of her employment by repeatedly failing to correct the harassing conduct toward Baker and commenting that Baker and Eichmann merely “had a hard-on for each other.” This conduct, Baker argues, led to extreme mental trauma and depression and prevented her from working at John Morrell. “For sexual harassment to be actionable, it must be sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.’ ” Meritor, 477 U.S. at 67, 106 S.Ct. 2399 (alteration provided by Meritor Court) (citations omitted); accord Stuart, 217 F.3d at 631 (same). 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.” Faragher v. City of Boca Raton, 524 U.S. 775, 787, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) In determining whether the plaintiff has met this stringent threshold, “[w]orkplace conduct is not measured in isolation; instead, “whether an environment is sufficiently hostile or abusive’ must be judged “by looking at all the circumstances.’ ” Bowen, 311 F.3d at 884 (citing Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 270, 121 S.Ct. 1508, 149 L.Ed.2d 509 (2001) (quoting Faragher, 524 U.S. at 787, 118 S.Ct. 2275 (quoting Harris, 510 U.S. at 23, 114 S.Ct. 367))). Moreover, “[a] claimant need only establish discriminatory conduct which is either pervasive or severe.” Id. at 884 (citing Harris, 510 U.S. at 22, 114 S.Ct. 367). “A workplace permeated with ‘discriminatory intimidation, ridicule, and insult’ is sufficiently severe to establish a hostile work environment.” Kimzey, 107 F.3d at 573 (quoting Harris, 510 U.S. at 21, 114 S.Ct. 367 (citing Meritor, 477 U.S. at 65, 106 S.Ct. 2399)). Whether or not a plaintiffs work environment is sufficiently permeated with harassment so as to affect a term, condition, or privilege of employment bears on an examination of several relevant factors. Harris, 510 U.S. at 23, 114 S.Ct. 367. In the Eighth Circuit, these factors include: “the frequency and severity of the discriminatory conduct, whether it is physically threatening or humiliating or only an offensive utterance, whether it unreasonably interferes with the employee’s work performance, physical proximity to the harasser, and the presence or absence of other people.” Carter, 173 F.3d at 702 (internal citations omitted); accord Clearwater v. Indep. Sch. Dist. No. 166, 231 F.3d 1122, 1128 (8th Cir.2000) (“In determining whether the alleged harassment is actionable, the totality of the circumstances must be considered, including 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.”) (internal citations omitted). The crux of John Morrell’s argument is that Baker failed to show that the harassment she experienced was anything more than “mere offensive behavior,” which may be rude and inappropriate but is not within the purview of Title VII. John Morrell relies heavily upon the Eighth Circuit’s decision in Duncan v. General Motors Corp., 300 F.3d 928 (8th Cir.2002) for its proposition that Baker was not subjected to actionable harassment. In that case, a supervisor, James Booth, sporadically harassed the plaintiff, Diana Duncan, over a two-year period. Id. at 931-33. Though Booth’s behavior was clearly offensive and extremely disrespectful, the Eighth Circuit held that it did not rise to the level of actionable harassment because the offending conduct was so isolated. See id. at 931-33. The majority characterized the sex-based harassment as follows: “a single request for a relationship, which was not repeated when [Duncan] rebuffed it, four or five isolated incidents of Booth briefly touching her hand, a request to draw a [sexually explicit] planter, and teasing in the form of a poster and beliefs for an imaginary [man hater’s] club.” Id. at 935. “There is no bright line between sexual harassment and merely unpleasant conduct, so a jury’s decision must generally stand unless there is trial error.” Hathaway v. Runyon, 132 F.3d 1214, 1221 (8th Cir.1997). Viewing the evidence in the light most favorable to Baker, as the court must, the court finds that Baker presented sufficient evidence that she was subjected to severe and pervasive harassment that was significantly more than “unpleasant conduct” and “mere offensive behavior.” Baker’s case is easily distinguishable from the facts of Duncan. First, Eichmann yelled at Baker and criticized her ability to perform her job. He berated and humiliated her on the plant floor. Moreover, Baker presented evidence that he turned boxes on his end of the production line, which impeded her ability to efficiently and speedily weigh the boxes when they ultimately came down the line to her weighing station. The totality of Eichmann’s behavior undermined Baker’s ability to do her job. In Duncan, Booth exhibited boorish and chauvinistic behavior, but his conduct did not impede the plaintiff from performing her job. See Duncan, 300 F.3d at 934-35. Furthermore, Baker presented evidence that she was discrimi-natorily denied bathroom breaks by a former supervisor, Ron Ridge, and by his successor, Brown-Rowley. Baker also presented evidence that Brown-Rowley provided Baker’s male-counterpart on the night shift with assistance to perform certain functions of the Computer Scale Operator job but denied Baker’s request for assistance. This, similarly, affected her ability to perform the functions of her job — evidence that was not presented in Duncan. An analysis of the relevant factors also compels the conclusion that Baker presented sufficient evidence on the fourth element of her sexual harassment claim. Unlike in Duncan, Baker proved that Eichmann’s and Murphy’s harassment was frequent, severe, humiliating, and interfered with her work performance. See, e.g., Duncan, 300 F.3d at 934 (listing these factors). First, Baker was subjected to frequent harassing behavior, which counsels in favor of a finding that the harassment was severe and pervasive. See Clearwater, 231 F.3d at 1128 (stating that frequency is a relevant factor). John Mor-rell attempts to minimize the frequency of the harassing behavior by offering a time-line of the behavior in its post-trial brief. Only by turning a blind eye to the evidence presented at trial can the court place any credence in John Morrell’s version of the evidence. In any event, John Morrell’s version is contrary to the standard governing motions for judgment as a matter of law because that standard compels the court to view the evidence in the light most favorable to the nonmoving party — here, the plaintiff. E.g., Stockmen’s Livestock Mkt., Inc., 135 F.3d at 1240-41. The facts John Morrell offers in support of its post-trial motion are those most favorable to its position, and John Morrell discredits the plaintiffs evidence when it contradicts the evidence John Morrell presented. * Because it is solely the jury’s province to make such credibility determinations, the court cannot do as John Morrell does and minimize the frequency and severity of the harassing conduct in this case by ignoring the plaintiffs evidence. See Troknya v. Cleveland Chiropractic Clinic, 280 F.3d 1200, 1206 (8th Cir.2002) (“Judgment as a matter of law is appropriately granted, notwithstanding a jury verdict, when, upon viewing the evidence in the light most favorable to the nonmoving party and without weighing evidence or making credibility determinations, the court determines that the evidence is not susceptible to any reasonable inference sustaining the nonmoving party’s position.”) (emphasis added) (citing Summit v. S-B Power Tool, 121 F.3d 416, 420-21 (8th Cir.1997)); Phillips v. Collings, 256 F.3d 843, 847 (8th Cir.2001) (“ ‘Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.’ ”) (quoting Reeves, 530 U.S. at 150-151, 120 S.Ct. 2097). It bears repeating that, in ruling on a motion for judgment as a matter of law, the court “must disregard all evidence favorable to the moving party that the jury is not required to believe. That is, the court should give credence to the evidence favoring the nonmovant as well as that evidence supporting the moving party that is uncontradicted and unim-peached, at least to the extent that that evidence comes from disinterested witnesses.” Phillips, 256 F.3d at 847 (citing Reeves, 530 U.S. at 151, 120 S.Ct. 2097). Here, the evidence was sufficient to allow a reasonable jury to find that Eichmann and Murphy constantly directed “hip thrusting” gestures toward Baker, that Eichmann regularly referred to Baker as a “bitch,” “stupid bitch,” “dumb bitch,” and “dumb blonde,” and that Eichmann constantly mimicked and made fun of Baker by mhking crying sounds regarding Baker’s requests to use the bathroom as a consequence of her medical condition. Moreover, Baker endured other isolated but serious acts of harassment. When viewed in light of the cumulative effect of the established plant-wide discriminatory animus toward women and the nearly daily harassment she personally suffered, they demonstrate that Baker was subjected to frequent harassment that pervaded her working environment. Moreover, at minimum, the evidence established that Eichmann’s and Murphy’s discriminatory conduct towards Baker was not infrequent, which is sufficient to survive the defendant’s motion for judgment as a matter of law on this point. See Bowen, 311 F.3d at 885 (reversing district court’s grant of summary judgment and finding that plaintiff generated a jury question on whether her work environment was sufficiently permeated with harassment, stating “Our independent review of the evidentiary record leads us to conclude Bowen produced sufficient evidence to demonstrate the cumulative effect of Lee’s discriminatory conduct towards her was sufficiently severe to defeat summary judgment. While Lee’s discriminatory conduct towards Bowen was not frequent, neither was it infrequent.”). These other discriminatory acts, which the jury reasonably could have found existed, include: Eichmann telling other male co-workers that he had been to Baker’s home and had “played with” her “pussy” and that it was “black;” Murphy asking Baker for a date, leaving a note on her car asking Baker to call him, giving her a Wonder Woman PEZ candy dispenser and stating that it was Wonder Woman because he “wondered” what Baker looked like naked, spreading rumors that Baker was “good in the sack” and that he had been to Baker’s house and she had answered the door in a robe with her “tits hanging out.” On another occasion, Eichmann walked past Baker and proceeded to grab her arms from behind and, in a mocking fashion, said “Excuse me” as he pressed his groin into Baker. Baker also testified that Eichmann had thrown boxes at her. Moreover, she described a particularly violent encounter with Eichmann in the company parking lot in which he sped directly at her in his truck while she was walking, coming to a screeching halt inches from crashing into her. The other relevant factors the Eighth Circuit has identified as a consideration in determining whether a work environment was sufficiently severe or pervasive to support a hostile work environment sexual harassment claim are: whether the harassment was physically threatening or humiliating, whether it unreasonably interfered with the employee’s work performance, physical proximity to the harasser, and the presence or absence of other people. E.g., Carter, 173 F.3d at 702 (internal citations omitted). Without rehashing the evidence presented at trial and mentioned above, it suffices to say that consideration of each of the factors weigh in favor of finding that Baker presented legally sufficient evidence on the fourth element of her sexual harassment claim. All of Eichmann’s and Murphy’s harassing conduct directed toward Baker was humiliating — • namely, the mimicking of her need to use the bathroom, the sexual comments, and referring to her as “stupid” and as a “bitch,” in particular. And some of it was physically threatening. The incident in the parking lot, in particular, was incredibly dangerous and understandably placed Baker in imminent fear of her safety. In addition, some of the offensive conduct involved physical touching. The jury heai-d evidence that Eichmann threw boxes at Baker and, on one occasion, thrust his groin into her. In Bowen v. Missouri Department of Social Services, 311 F.3d 878 (8th Cir.2002), the Eighth Circuit reversed the district court’s conclusion that the plaintiff had failed to generate a genuine issue of material fact as to whether she was subjected to harassment that was sufficiently severe of pervasive to be actionable. The Bowen court made clear that the cumulative effect of the harassing conduct is of considerable importance in making this determination. See id. at 885. This focus on the cumulative effect is in-line with prior Eighth Circuit caselaw, which holds that “[t]he touchstone for a Title VII hostile environment claim is whether the workplace is permeated with discriminatory intimidation, ridicule and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Dowd v. United Steelworkers of America, Local No. 286, 253 F.3d 1093, 1101-02 (8th Cir.2001) (internal quotations omitted) (citing Quick, 90 F.3d at 1378 (quoting Harris, 510 U.S. at 21, 114 S.Ct. 367)). Indeed, the Tenth Circuit has poignantly observed that “one of the critical inquiries in a hostile environment claim must be the environment. Evidence of a general work atmosphere therefore — as well as evidence of specific hostility directed toward the plaintiff — is an important factor in evaluating the claim.” Hicks v. Gates Rubber Co., 833 F.2d 1406, 1415 (10th Cir.1987) (cited with approval in Hall v. Gus Const. Co., Inc., 842 F.2d 1010, 1014 (8th Cir.1988)). While there is no “mathematically precise test” for determining when conduct in the workplace moves beyond “merely offensive” and into the realm of illegality, Harris, 510 U.S. at 17, 114 S.Ct. 367, “ ‘[sjubject to some policing at the outer bounds,’ it is for the jury to weigh [the] factors and decide whether the harassment was of a kind or to a degree that a reasonable person would have felt that it affected the conditions of her employment.” Marrero v. Goya of Puerto Rico, Inc., 304 F.3d 7, 19 (1st Cir.2002) (quoting Gorski v. New Hampshire Dep’t of Corrections, 290 F.3d 466, 474 (1st Cir.2002)). Here, a reasonable juror could have determined that the sexual harassment and overall degrading conduct directed towards Baker was “sufficiently severe or pervasive to alter the conditions of [her] employment and create an abusive working environment,” Quick, 90 F.3d at 1378. Moreover, the evidence wholly supports an inference that the plant floor at John Morrell was permeated by a misogynist atmosphere and by chauvinistic attitudes. It is reasonable to conclude that this atmosphere, where women are looked down upon as inferior to men, heightened Baker’s sense of the severity and pervasiveness of the harassment she suffered. Gender-based harassment satiated her working environment at John Morrell and cannot be explained away as being “mere offensive conduct,” resulting from a personality clash and the “meat packing plant culture.” On this point, Estes v. Georgetown University, 231 F.Supp.2d 279 (D.D.C.2002), is instructive. In Estes, the district court rejected an argument very similar to John Morrell’s contention that the plant-wide environment does not rise to the level of actionable harassment. The court reasoned: There is no bright-line formula or legal standard ... for determining whether the “locker-room atmosphere” described by Ms. Estes was “severe or pervasive.” Judgment as a matter of law is appropriate where there is evidence of only isolated comments, teasing, or. offhand comments, Stewart v. Evans, 275 F.3d 1126, 1133-34 (D.C.Cir.2002); Kidane v. Northwest Airlines, Inc., 41 F.Supp.2d 12, 16 (D.D.C.1999) (citing Bundy v. Jackson, 641 F.2d 934, 943 n. 9 (D.C.Cir.1981)), but Ms. Estes testified that the comments, such as the physical attributes of female employees, were frequent and that the “locker-room” atmosphere of which she complained, pervasive. It was for the jury to decide whom to believe on the question of whether the evidence taken as a whole crossed the line between mere vulgarity, which is not intended to be “purge[d] [from] the workplace” by Title VII, Baskerville v. Culligan Int’l Co., 50 F.3d 428, 430 (7th Cir.1995), and offensive conduct that was sufficiently severe or pervasive to alter conditions of employment. Estes, 231 F.Supp.2d at 281-82. Here, Baker and other witnesses (both male and female and called by both Baker and by John Morrell) testified to the anti-women sentiment that permeates the plant floor at John Morrell. Baker also testified extensively as to the derogatory and demeaning conduct directed at her specifically. Accordingly, the court concludes that there was more than sufficient evidence presented at trial from which a reasonable jury could conclude that the harassment directed towards Baker was severe or pervasive so as to have affected a term, condition, or privilege of her employment. John Morrell next argues that, because Baker did not demand Eichmann’s termination when Steve Joyce, the director of human resources, asked for her input as to the appropriate disciplinary action that should be taken against Eichmann, her working environment could not have been hostile within the meaning of Title VII. It cites Woodland v. Joseph T. Ryerson & Son, Inc., 302 F.3d 839, 844 (8th Cir.2002) in support of its argument. In Woodland, the Court of Appeals for the Eighth Circuit affirmed the district court’s grant of summary judgment against the plaintiff on his Title VII racially hostile work environment claim. Id. at 844. John Morrell focuses on one statement in particular in the Woodland decision, takes it out of context, and argues that it stands for the proposition that, because Baker did not demand Eichmann be fired, her work environment was not sufficiently hostile. In Woodland, the plaintiff was one of very few African Americans employed in the defendant’s steel factory. Id. The plaintiff testified that “the plant was rife with coworker racial hostility that created for him an unlawful hostile work environment.” Id. at 843. However, he was only able to point to one racially-motivated act of harassment that was directed specifically towards him. Id. at 843-44. On that occasion, the plaintiffs supervisor overheard another employee refer to the plaintiff using a racial epithet. Id. The supervisor reported the incident to the plant manager who then told the plaintiff “all I need you to do ... is come in and sign a complaint against him and I’ll fire him.” Id. The plaintiff, however, told the plant manager that he would prefer to forget about the incident. Id. The court emphasized that an actionable hostile work environment is one that is both objectively and subjectively abusive. Id. at 843. A Title VII plaintiff must perceive her working environment to be hostile because “if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim’s employment, and there is no Title VII violation.” Id. On the issue of whether the Woodland plaintiff subjectively perceived his workplace to be abusive, the court held that the fact he was offered the opportunity to have his harasser discharged but declined was relevant to his perception of the working environment. See id. at 844. The court reasoned that the plaintiffs choice in preferring to forget about the incident rather than to take action “was strong evidence that, while offensive, these incidents did not subjectively affect the conditions of Woodland’s employment.” Id. Baker’s case is readily distinguishable from Woodland. John Morrell never told Baker that it would discharge Eichmann if she so chose. Instead, it asked her an open-ended question about how she would like the situation with Eichmann resolved. Baker responded that she simply wanted it to end, whereas the Woodland plaintiff simply wanted to forget about it. Unlike Woodland’s choice, Baker’s choice demonstrates that she indeed perceived her working environment to be abusive. In addition, Baker adduced ample evidence at trial that she subjectively believed her working conditions were altered by the harassment. Unlike Woodland, she complained of the harassment on numerous occasions. Moreover, John Morrell conceded at trial that when Baker lodged one particular complaint with Joyce, he expressed frustration and told her that she and Eichmann had a “hard on” for each other and instructed her to try to get along with him. In Woodland, the Eighth Circuit noted that, with regard to the incidents of objectively abusive racial harassment that the plaintiff did object to, the defendant acted promptly to remedy the situation. Id. Joyce’s crude comment in the face of Eichmann’s demonstrated and continuous pattern of harassing behavior towards Baker, coupled with John Morrell’s failure to adequately respond to Baker’s complaints, is the antithesis of the prompt and decisive remedial action taken by the Woodland defendant and warrants a different result than that reached by the Woodland court. Based on the frequency of the harassment, its severity and physically threatening nature, its intent to humiliate, degrade, and belittle the plaintiff, its actual interference with Baker’s work performance, its impact on Baker’s psychological well-being, and its omnipresence in John Mor-rell’s Sioux City, Iowa plant, the court finds that Baker produced sufficient evidence from which a reasonable jury could conclude that she demonstrated that the cumulative effect of the harassment she suffered satisfied the fourth element of her sexual harassment claim. Therefore, the court overrules John Morrell’s contention that it is entitled to judgment as a matter of law on this ground as well. c. Proper remedial action John Morrell’s final argument on its challenge to the sufficiency of the evidence regarding Baker’s 'prima facie case of sexual harassment is that no reasonable jury could conclude that John Morrell failed to take appropriate measures to respond to Baker’s complaints and end the harassment. Baker resists, pointing in particular to the years of reported ongoing harassment she suffered at the hands of, among others, one individual who was reprimanded only once despite Baker’s and other female employees’ numerous complaints. The Eighth Circuit Court of Appeals has instructed that “[o]nce an employee complains to her employer about sexual harassment by a coworker, the employer is on notice and must take proper remedial action to avoid liability under Title VII.” Hathaway v. Runyon, 132 F.3d 1214, 1222 (8th Cir.1997) (citing Davis v. Tri-State Mack Distrib., Inc., 981 F.2d 340, 343 (8th Cir.1992)); Zirpel v. Toshiba Am. Information Sys., Inc., 111 F.3d 80, 81 (8th Cir.1997) (finding an employer must take prompt remedial action after it knew or should have known of harassment). In addition to conducting an investigation, the employer must take “ ‘prompt remedial action reasonably calculated to end the harassment.’ ” Hathaway, 132 F.3d at 1222 (citing Davis, 981 F.2d at 343); Zirpel, 111 F.3d at 81 (holding that summary judgment was properly granted in an employer’s favor because the employer “promptly took ‘remedial action ... reasonably calculated to end the harassment’ ” once it knew or should have known about a harassing co-employee’s behavior) (citing Kopp v. Samaritan Health Sys., Inc., 13 F.3d 264, 269 (8th Cir.1993)). The employer cannot avoid liability by doing nothing simply because the co-worker denies that the harassment occurred. Hathaway, 132 F.3d at 1222 (citing Fuller v. City of Oakland, Cal., 47 F.3d 1522, 1529 (9th Cir.1995)). Indeed, an employer may take remedial action even where a complaint is uncorroborated. Hathaway, 132 F.3d at 1222 (citing Knabe v. Boury Corp., 114 F.3d 407, 409, 413 n. 11 (3d Cir.1997)). The Eighth Circuit Court of Appeals has observed that factors a court may consider when assessing the reasonableness of an employer’s remedial measures include: the amount of time elapsed between the notice of harassment, which includes but is not limited to a complaint of sexual harassment, and the remedial action, and the options available to the employer such as employee training sessions, disciplinary action taken against the harasser(s), reprimands in personnel files, and terminations, and whether or not the measures ended the harassment. Stuart, 211 F.3d at 633 (citing Carter v. Chrysler Corp., 173 F.3d 693, 702 (8th Cir.1999)); accord Rheineck v. Hutchinson Tech., Inc., 261 F.3d 751, 756 (8th Cir.2001) (citing Stuart, 217 F.3d at 633). Options for appropriate remedial action include taking disciplinary action to stop the harassment; transferring the alleged harasser to a different area where he or she would not come in contact with the complainant; scheduling the individuals involved on different shifts; putting a signed written warning or reprimand in personnel files; or placing the offending employee on probation pending any further complaints. Hathaway, 132 F.3d at 1222 (citing Knabe, 114 F.3d at 413; Zirpel, 111 F.3d at 81; Intlekofer v. Turnage, 973 F.2d 773, 780 n. 9 (9th Cir.1992); Ellison v. Brady, 924 F.2d 872, 881-82 (9th Cir.1991); Barrett v. Omaha Nat’l Bank, 726 F.2d 424, 426 (8th Cir.1984)). In this case, the evidence establishes that Baker complained about Eichmann and Murphy upwards of 15 times, as well as having complained about BrownRowley’s treatment of her. John Morrell presented evidence that it performed a cursory investigation of some of those claims, but Joyce testified that he never considered them to be or explored the possibility that they were “sexual harassment” complaints. John Morrell spoke to Baker’s harassers but only formally disciplined Eichmann on one occasion. With respect to that incident, John Morrell placed a letter of discipline in his personnel file. Eichmann’s file contained no other references to the complaints Baker lodged against him. Indeed, with the exception of one assault complaint against him by another female employee, Eichmann’s personnel file was bereft of evidence that should have been a red flag to John Morrell that Eichmann posed a problem to its female employees. The jury heard evidence that other employees complained of harassment by Eichmann, but his personnel files did not reflect this pattern of harassment. In addition, while John Morrell issued one formal disciplinary letter against Eichmann, on the majority of occasions on which it took any action, it simply instructed the parties to “get along.” The jury easily could have concluded that this “remedial action” was not reasonably calculated to end the harassment. Indeed, in light of the fact the harassment continued unabated for years and John Morrell continued to employ the same strategy to deal with the problem, the jury could have concluded that John Morrell’s remedial action was wholly unreasonable, especially because it had a demonstrated history of ineffectiveness. And while John Morrell maintained a clear1 chain-of-command for making complaints, which Baker utilized, the jury also heard evidence that Baker was discouraged from reporting harassment. Joyce admitted that he told Baker and Eichmann that they had a “hard-on” for each other and that they should work it out between themselves. In addition, Baker testified that Brown-Rowley told Baker that Joyce was tired of seeing her and did not want to hear her complain anymore. Moreover, Baker testified that when she complained to Brown-Rowley about her unfair workload or about bathroom breaks, Brown-Rowley told her to “shut the fuck up” and that she was “sick of Baker’s shit.” Baker reported these incidents to Joyce. Joyce contacted Brown-Rowley about Baker’s allegations, but, when Brown-Rowley denied them, Joyce concluded there was insufficient evidence of discrimination. He merely instructed Brown-Rowley to be sensitive about the situation and never contacted Baker to discuss the status of her complaint. John Morrell never considered moving Murphy or Eichmann from the scale area, suspending him, or providing him training. Instead, it issued a single letter of reprimand after more than one dozen complaints. Given Eichmann’s long history of harassing behavior towards Baker and other female John Morrell employees, Baker’s vocalized aversion to her working conditions, the overtly sexual language directed towards Baker and admitted to by Murphy and Eichmann, and the years of harassment that never ceased, the jury could reasonably have determined that John Morrell’s actions were not reasonable. Accordingly, the court cannot say that no reasonable jury could have concluded that Baker proved by the greater weight of the evidence the fifth element of her sexual harassment claim against John Morrell. d. Summary Upon viewing the evidence in the light most favorable to the plaintiff, without weighing evidence or making credibility determinations, the court concludes that the jury reasonably could have drawn the necessary factual inferences to satisfy each element of her hostile-work-environment sexual harassment claim. Baker produced sufficient evidence to establish her hostile work environment claim as a matter of law, and on this evidence a reasonable jury could find that Baker was treated differently because of her sex and that she worked in a hostile environment that “altered the conditions” of her employment. Therefore, the court denies John Morrell’s motion for judgment as a matter of law on this claim and turns next to John Morrell’s contention that it is entitled to judgment as a matter of law on Baker’s retaliation claim. 3. Sufficiency of the evidence — retaliation Under the sexual discrimination provisions of Title VII, 42 U.S.C. § 2000e-3(a), an employer is forbidden from retaliating against employees for opposing sexual discrimination. Bogren v. Minnesota, 236 F.3d 399, 407 (8th Cir.2000), cert. denied, 534 U.S. 816, 122 S.Ct. 44, 151 L.Ed.2d 16 (2001); Ogden v. Wax Works, Inc., 214 F.3d 999, 1007 (8th Cir.2000). To survive John Morrell’s motion for judgment as a matter of law on her retaliation claim, Baker must have established at trial the following by the greater weight of the evidence: (1) she engaged in protected activity; (2) her employer subsequently took adverse employment action against her; and (3) the adverse action was causally linked to her protected activity. Sowell v. Alumina Ceramics, Inc., 251 F.3d 678, 685 (8th Cir.2001) (quoting Bogren, 236 F.3d at 407); Buettner v. Arch Coal Sales Co., 216 F.3d 707, 713-14 (8th Cir.2000). Thome v. Welk Inv., Inc., 197 F.3d 1205, 1210 (8th Cir.1999); Scusa v. Nestle USA 181 F.3d 958, 968 (8th Cir.1999); Smith v. Riceland Foods, Inc., 151 F.3d 813, 818 (8th Cir.1998); Cross v. Cleaver, 142 F.3d 1059, 1071 (8th Cir.1998); Coffman v. Tracker Marine, L.P., 141 F.3d 1241, 1245 (8th Cir.1998); Manning v. Metropolitan Life Ins. Co., 127 F.3d 686, 692 (8th Cir.1997). In addition, the Supreme Court, in Clark County School District v. Breeden, 532 U.S. 268, 271, 121 S.Ct. 1508, 149 L.Ed.2d 509 (2001), enunciated a reasonableness requirement that