Equal Employment Opportunity Commission v. Caterpillar, Inc. (628 F. Supp. 2d 844, 2009)

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

On February 2, 2002, Karon Lambert filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC” or “Plaintiff’) against her employer, Caterpillar Inc. (“Caterpillar” or “Defendant”). This action arises out of the EEOC’s subsequent investigation into sexual harassment allegedly occurring at Caterpillar’s Aurora, Illinois, facility, where Lambert worked. In addition to Lambert’s claims for sexual harassment and retaliation, the EEOC brought sexual harassment claims against Caterpillar on behalf of five other current employees and one former employee. After the court granted Defendant’s motion as to some of those claims, the case proceeded to trial on sexual harassment claims brought on behalf of Sandy Irvin and Virginia Early, and on Lambert’s claims for sexual harassment and retaliatory discharge. The court conducted a five-day bench trial and states here its findings of fact and conclusions of law.

BACKGROUND

Defendant’s Aurora Facility and Workforce

All of the events giving rise to this action took place at Caterpillar’s facility in Aurora, Illinois, which is devoted primarily to manufacturing and assembling large earth-moving equipment. See EEOC v. Caterpillar, Inc., 503 F.Supp.2d 995, 999 (N.D.Ill.2007) (Pallmeyer, J.) The Aurora facility is composed of four main buildings, occupies almost 400 acres, and operates 24 hours a day, five days a week, with three shifts per day. In general, the first shift runs from 7:30 a.m. to 3:30 p.m.; the second shift runs from 3:30 p.m. to 11:30 p.m.; and the third shift runs from 11:30 p.m. to 7:30 a.m. SF ¶ 10. The assembly lines normally run on the first and second shift only. Id. All other departments operate on all three shifts to supply and support the assembly operations. Id.

Approximately one-third of the employees at the Aurora facility are salaried and work in clerical, technical, professional, or managerial positions. Id. ¶ 9. The remaining employees are hourly workers who are engaged in various aspects of the manufacturing process. Caterpillar, 503 F.Supp.2d at 999. These hourly employees are represented by the United Auto Workers, Local 145 (the “union”) and, under the terms of the collective bargaining agreement, are classified either as full-time or “supplemental” employees. Id. Full-time workers are regular, non-temporary employees covered by the agreement, including a progressive discipline policy and assurances that they can only be fired for just cause. Id. Supplemental employees are hired to work on a temporary, though sometimes indefinite, basis. Id. Unlike full-time employees, supplemental employees can be fired at any time for any reason, have limited grievance rights under the labor agreement, and are not protected by provisions of the labor agreement that require Caterpillar to engage in progressive discipline. Id.

Defendant’s Sexual Harassment Policies and Training

Because it is relevant to Caterpillar’s affirmative defense, and to Plaintiffs claims for punitive damages, the parties have devoted considerable attention to Caterpillar’s practices and policies concerning workplace harassment. Beginning no later than 1996, Caterpillar maintained and published a policy that prohibited sexual harassment. (SF ¶ 43.) The details of the 1996 policy do not appear in the parties’ stipulations; the policy in place between 1998 and 2000, however, provided that an employee who believes that he or she has been sexually harassed should report the conduct to one of four people: (1) his or her supervisor, (2) his or her manager, (3) the labor relations and personnel service manager, or (4) the corporate EEO coordinator. (Id. ¶ 44.) Since 2000, Caterpillar has maintained and published a “prohibited harassment” policy that expanded upon its earlier policy to prohibit all forms of harassment, including sexual harassment. (Id. ¶ 45.) Similarly to the earlier policies, the policy issued in 2004 instructs workers who believe they have been harassed to notify either the area supervisor, the department manager, the human resources manager, or the corporate EEO manager. (Id. ¶ 46.) In addition to those individuals, the 2005 and 2006 policies provide that employees may report harassment to local human resources staff, as well. (Id. ¶ 48.) The policies also explain that an employee who believes he or she has been harassed may file a charge with the Illinois Department of Human Rights; the 2005 and 2006 policies note employees’ right to file a charge with the EEOC, as well. (Id. ¶ 49.) And Caterpillar’s policies prohibit retaliation against an employee who reports or participates in an investigation of sexual harassment. (Id. ¶ 50.)

Since at least 1996, Caterpillar had established procedures for processing employee complaints regarding equal employment matters. (Id. ¶ 51.) Also since 1996, Caterpillar has maintained an equal employment opportunity (“EEO”) policy announcing that the Aurora facility is to be a harassment-free work environment. (Id. ¶ 52.) Printed copies of the harassment policies, as well as government-required anti-discrimination posters, have been posted in at least one spot of high visibility in every major building at the Aurora facility since 1996; copies have also been posted in locked glass display cases at major facility entrances, at least one of which all employees pass when they walk into work. (Id. ¶¶ 54-56.)

In addition to the posters, Caterpillar communicated with its employees by way of printed publications. In 1996, Caterpillar published a booklet for employees called What You Should Know About Sexual Harassment in the Workplace, which sets forth Caterpillar’s sexual harassment policy and provides guidance to employees on how to recognize and handle sexual harassment and the consequences of such harassment. (Id. ¶ 57.) This booklet, which was distributed to each new employee during his or her orientation from 1996 to 2000, provides that when an employee discloses information concerning an incident of harassment, supervisors are to immediately report the incident to their facility EEO coordinator or local human resources manager. (Id. ¶¶ 57-58, 64.) Also in 1996, Caterpillar published another booklet for employees, Working at Caterpillar, which recites Caterpillar’s EEO policy and warns employees that failure to comply with the company’s policies and procedures, including the sexual harassment policy, may lead to disciplinary action. (Id. ¶ 59.) A revised booklet, What You Should Know About Caterpillar’s Prohibited Harassment Policy, was distributed to employees in 2001; this booklet, like the earlier versions, discusses Caterpillar’s policies against sexual harassment and retaliation in depth. (Id. ¶¶ 60-61.) Since 2001, this booklet has been distributed to each new employee during orientation. (Id. ¶ 64.) Caterpillar also distributes its Code of Worldwide Business Conduct, which affirms that the company complies with laws prohibiting discrimination, that Caterpillar promotes an environment free of intimidation and harassment, and that its employees have a responsibility to report harassment and will not be subject to retaliation for doing so. (Id. ¶ 62.)

Caterpillar has conducted a number of training sessions for its employees that included training on sexual harassment. Among the training sessions that Caterpillar has conducted at its Aurora facility are the following:

• Since 1996, all new employees at the Aurora facility attend an orientation program on their first day on the job. (Id. ¶ 63.) Caterpillar’s harassment policies are reviewed with the attendees and the new employees are informed that these policies are posted throughout the facility. (Id. ¶ 66.)

• Since 1996, employees have been required to attend another week-long training program three months into their employment. A portion of that training program is devoted to harassment training. (Id. ¶ 67.)

• Since 1996, the facility has conducted an orientation for newly-hired or promoted supervisors, at which Caterpillar reviews its harassment policies and explains to the supervisors their role with respect to complaints of harassment. (Id. ¶¶ 68-70.)

• In March 1996, all salaried and management employees at the Aurora facility were required to attend a diversity training called “Synergy From Others,” which included a discussion on behaviors that can give rise to complaints of sexual harassment. (Id. ¶ 71.) This training was repeated for hourly employees in March of 1997. (Id. ¶ 74.)

• In November 1996, all of the supervisory and management employees at the Aurora facility were required to attend a two-hour sexual harassment training course titled “Maintaining A Harassment-Free Work Environment” and were provided with the What You Should Know About Sexual Harassment in the Workplace booklet. (Id. ¶ 72.)

• In January 1998, all salaried and management employees at the Aurora facility were required to attend an eight-hour diversity training, which included a segment on sexual harassment. (Id. ¶ 75.)

• Bill Miller, the labor relations representative, conducted sexual harassment training for managers in certain buildings at the Aurora facility in October 1999. (Id. ¶ 76.)

• In early 2000, hourly employees at the Aurora facility were required to attend a training course called “Diversity Diner,” concerning the need to be sensitive to diversity, including gender differences, in the workplace. (Id. ¶ 77.)

• In March 2000, supervisors at the Aurora facility were required to attend a training course titled “What the Supervisor Needs to Know About Sexual Harassment,” which covered Caterpillar’s policies and procedures, what behaviors constitute sexual harassment, and how supervisors should respond to complaints of harassment. (Id. ¶ 77.)

• In 2001, management employees at the Aurora facility took part in a training program called “Valuing People” which reviewed diversity issues, including gender differences, in the workplace. (Id. ¶ 79.)

• In 2001, Caterpillar conducted an all-employee meeting at the Aurora facility, at which attendees viewed a video on workplace harassment and discussed Caterpillar’s policy prohibiting harassment. (Id. ¶ 80.)

• In 2003-2004, Caterpillar conducted mandatory, facility-wide training on its prohibited harassment policy and policy of non-retaliation. (Id. ¶ 81.) During the course, Caterpillar reissued its What You Should Know About Sexual Harassment in the Workplace booklet. (Id.)

I. Karon Lambert’s Claims

A. Background

Karon Lambert worked as an industrial hygiene and safety supervisor in Building B of Caterpillar’s Aurora facility from August 31, 2001 to January 3, 2002, when Caterpillar terminated her employment. (SF ¶¶ 11-12, 16.) Among her duties were ensuring that the plant complied with Occupational Safety and Health Act (“OSHA”) standards, ensuring that the plant adhered to its own safety guidelines, and training managers on plant safety requirements. (Tr. 206:5-16.) Lambert alleges that her direct supervisor, Robert Garcia, engaged in repeated acts of sexual harassment throughout her four-month employment and then recommended she be terminated when she rejected his advances. Garcia was employed as Building B’s safety and security manager at the time of the alleged harassment until he retired from Caterpillar in 2003.

B. Evidence of Sexual Harassment

Lambert testified to a pattern of harassment that began, she asserts, on her the very first day of her employment when, Garcia “brush[ed] up” against her breast with his arm and the back of his hand several times while giving her a tour of the facility. (Tr. 35:15-23.) Lambert testified that the second time Garcia did this, he told her that he “liked the way [her breasts] responded to his touch.” (Tr. 36:6-7.) Lambert also stated that during this plant tour, Garcia shared what she considered sexually inappropriate information about other employees, such as which coworkers were rumored to be “sleeping” together. According to Lambert, after introducing her to another male employee, Garcia warned Lambert that he is “a lady’s man” who “would sleep with [Lambert] if he had the chance.” (Tr. 37:10-15.)

Lambert claims that during her first week at Caterpillar, Garcia said he was interested in dating her, and she responded by telling him that their relationship would only ever be strictly professional. (Tr. 49:1-9.) According to Lambert, Garcia told her that he would be jealous if she dated anyone else, a statement he allegedly made several times in the ensuing weeks. (Tr. 49:10-15, 49:16-50:1.) Lambert testified that shortly after she refused to date Garcia, he told her that he would like to “bend her over the smoking rail,” the factory’s designated smoking area, and that he wanted to “fuck” her. (Tr. 50:2-10.) Also during her first week at Caterpillar, Garcia allegedly told Lambert that Caterpillar did not permit employees to wear rings in the plant, due to the risk of their getting caught in the machinery; he added, “You are going to like that because no one is going to have to know that you are married.” (Tr. 53:14-17.) Around this time, Garcia purportedly told Lambert that he “liked the way that [her breasts] would sometimes stick out when [she] would wear a certain sweater,” identifying the sweater he liked. (Tr. 45:19-25.) After introducing Lambert to other women at the plant “that were attracted to him,” Garcia also allegedly described their breasts to Lambert and commented on the size of Lambert’s breasts. (Tr. 46:6-2.)

Lambert claims Garcia’s offensive behavior continued throughout employment at Caterpillar. During the first two to three weeks at the plant, Lambert testified that Garcia would touch her breasts “daily”; she claims he continued to do so, albeit less frequently, thereafter. (Tr. 37:15-38:6.) According to Lambert, Garcia did this in ways that would appear inadvertent or unintentional. (Tr. 39:9-40:1.) For example, Garcia’s arm would graze her breast when he pointed things out in the plant, or, when he bent over to get a cigarette from where he stored them in his sock, his shoulder would bump Lambert’s breast. (Tr. 40:20-22.) Sometimes, Lambert testified, he blew smoke in the direction of her chest. (Tr. 39: 11-16.) When he and Lambert were at the “smoking rail,” Lambert stated that Garcia would lean on the railing in such a way that when he moved or turned to the side he would brush against her breast. (Tr. 40:14-17.)

Lambert testified that “almost every time he touched [her breasts],” Garcia would comment about how he “liked large breasts,” that he “liked the way that they responded,” and that he “would be jealous if they responded to anyone else.” (Tr. 43:5-10.) Lambert stated he would sometimes ask after touching her, “Well, is it as good for you as it was for me?” (Tr. 45:3-6.) Lambert recalled an incident when, after seeing another female employee with a lollipop in her mouth, Garcia told Lambert that he would like to suck her breast. (Tr. 54:22-55:1.) On another occasion, she claims, Garcia was smoking a cigarette and told Lambert that he “would much rather suck [her] breast than a cigarette” and that he “wanted to fuck [her] breasts.” (Tr. 43:25-44:2, 44:6.) Lambert claims she responded by telling Garcia to leave her alone and that “it would never happen.” (Tr. 44:11-12.)

Lambert testified that Garcia would frequently insist on opening the door for her, leaving just enough room for her to pass, and then brushing her breast with his hand as she walked through the doorway. (Tr. 39:11-40:2.) Once, she said, Garcia “grabbed [her] butt” when he opened the door for her. (Tr. 37:21-23.) As members of the plant’s safety audit committee (“SAC”), Garcia and Lambert would also periodically tour the facility as part of a “safety audit.” (Tr. 52:24-3.) On these tours, Lambert testified that Garcia told her “a couple of times” that she had a “sexy” walk and that he “got turned on by it.” (Tr. 53:4-9.)

When Lambert first began work, she testified, Garcia and Jenny Logel, another plant employee, instructed her to report each morning to Garcia’s office, which was at the opposite end of the facility from her own. (Tr. 34:21-35:3.) In mid-September, however, she stopped reporting to Garcia’s office after an incident following a birthday celebration at the plant for Garcia. (Tr. 41:9-14.) According to Lambert, some plant employees brought a cake to Garcia’s office and sang “Happy Birthday” to Garcia, and Garcia’s secretary gave him a hug. (Tr. 41:19.) After the song and cake, Garcia waited for the other employees to leave and then closed the door after them, leaving himself along with Lambert. Lambert testified that he told her “he now wanted the hug that he really wanted,” embraced her tightly and, as Lambert recounted, began “nuzzling in my neck,” “rubbing down my butt,” and “pulling me into his groin.” (Tr. 41:23-25.) Lambert testified that Garcia “told me if I said anything to anyone, that he was here long before me, he would be here long after me, and that there was a zero tolerance. And I would be the one to lose my job.” (Tr. 42:7-10.) Lambert claims she “was trying to grab at the door” throughout this encounter and that Garcia finally released her because she “was pulling at the doorknob.” (Tr. 42:11-16.)

To Lambert’s knowledge, no one overheard any of Garcia’s inappropriate comments or witnessed any of his behavior toward her, with the exception of one occasion when Garcia grabbed her backside as Lambert walked through a doorway. At trial, Dean Morrissette, the tool room supervisor during Lambert’s employment, testified that he once saw Garcia open the door for Lambert and “pat[] her on the rear end as she entered the door ahead of him.” (Tr. 174:7-11.) Morrissette acknowledged, however, that he was standing somewhere between 30 and 100 feet away at the time and could not say for certain that Garcia actually touched Lambert, though it “appeared that he did.” (Tr. 180:11-25.) Morrissette explained that he did not report the incident to his own supervisor because he could not tell whether Garcia’s behavior was “unwanted or whether it was acceptable to her.” (Tr. 174:25-175:9, 179:9-12.) Morrissette was fired from Caterpillar in 2005 for sexual harassment. (Tr. 175:23-25.)

Lambert testified in some detail about Garcia’s inappropriate behavior toward certain other women in the Caterpillar plant. Notably, that testimony was contradicted by the women themselves. First, Lambert testified that Garcia frequently referred to women on the facility’s safety committee as his “harem.” (Tr. 52:12-21.) Gene Hevelka, Lambert’s husband, also claimed Jenny Logel told him that Garcia referred to certain women on the committee as his “harem.” (Tr. 463:22-464:8.) Jenny Logel, Vicki Pittenger, and Jessica Hardy, the members of this so-called “harem,” however, all denied ever hearing Garcia refer to them as such. (Tr. 435:12-13, 452:13-14.) Hardy testified that she, not Garcia, had once referred herself, Pittenger, and Logel as “Bob’s harem” in Garcia’s presence, and Garcia afterward reprimanded her for using inappropriate language. (Tr. 452:15-453:4.)

Lambert also claimed she saw Garcia inappropriately touch other women at the Caterpillar plant. Specifically, Lambert recalled seeing Garcia rub a Peppermint Pattie across Logel’s breasts and after-wards saying, “It’s going to taste better now.” (Tr. 53:18-54:5.) In her own earlier statement to the EEOC, however, Lambert stated that she originally heard this story from Logel herself. (Lambert Post-Termination Notes, Def. Ex. 12.) Gene Hevelka also testified that Logel told him on at least two occasions that Garcia frequently rubbed candy across her chest. (Tr. 464:9^165:6.) Garcia and Logel both denied this or any similar event ever took place. (Tr. 198, 406 — 407.)

Sometime in late August or early September, Lambert claims she approached Pittenger, Logel, and Hardy about Garcia’s behavior. According to Lambert, she asked them whether he “had ever rubbed and brushed up or grabbed their breasts,” and Pittenger responded, “Yes, that that was Bob,” and, “He just gets his daily feels.” (Tr. 55:22-56:2.) Hardy reportedly stated that he brushed up against her daily, and Logel added that “[i]f anybody were to complaint about it, they lost their job.” (Tr. 56:3: — 9.) Lambert testified that this conversation made her feel “hopeless” and “threatened” because “it seem[ed] like I was the only one that was complaining and didn’t like it.” (Tr. 56:10-20.) At trial, Pittenger, Logel, and Hardy all denied telling Lambert that Garcia had touched them or anyone else inappropriately, and each independently testified that they had never experienced any kind of inappropriate behavior from Garcia. (Tr. 407-08, 432-33, 434-35, 450-54.) All three women also denied telling Lambert that retaliation was an expected consequence of reporting harassment by Garcia. (Tr. 408, 436, 450.) Pittenger specifically denied making the comment that Garcia “gets his daily feels.” (Tr. 433:20-21.)

During the week of October 15, 2001, Garcia, Hardy, Pittenger, and Lambert attended an overnight safety conference at a hotel in Peoria, Illinois. (Tr. 56:21-57:2, 116:4.) At dinner in the hotel restaurant, Lambert testified, Garcia directed her to the inside of the booth and sat down beside her, across from Hardy and Pittenger. (Tr. 58:11-19.) Throughout dinner, Lambert claims, Garcia rubbed his hand up and down her thigh and buttocks underneath the table. (Tr. 58:24-25, 59:18-29.) At one point, according to Lambert, Garcia whispered to Lambert that he liked the way she held her fork and told her he wanted to “fork” her. (Tr. 59:1-6.) Lambert’s initial written account of that evening, in an e-mail to the EEOC dated April 30, 2003, told a milder story: “During dinner, seated in a booth,” Lambert wrote, “Bob sat next to me and would often press against or lean into me, which made me feel uncomfortable.” (Tr. 116:20-23, Def. Ex. 13.) Lambert also wrote, “Bob made comments that he liked the way that I ate and it was nice to see that I had good table manners.”

Later that evening, according to Lambert, she told Hardy that she “didn’t like the way Bob was acting.” (Tr. 60:5-6.) In response, Hardy allegedly told Lambert that on another work-related trip Garcia had hugged her and tried to unzip her jumper. (Tr. 59:7-10.) According to Lambert, Hardy told her she did not report the incident to anybody at Caterpillar because she did not feel that she could. (Tr. 60:12-14.) At trial, Hardy denied that Garcia ever attempted to unzip her clothing. (Tr. 446:25-3.) Hardy recalls that during Lambert’s first week at Caterpillar, Hardy told Lambert over dinner that her supervisor at a different facility had attempted to unzip her pantsuit after walking her back to her hotel room during a conference. (Tr. 446:19-24.) Hardy testified that she reported that incident (not involving Garcia) to another supervisor at Caterpillar, and when she came to work the following day, the supervisor who had engaged in offensive conduct had vacated his office, and she never worked with him again. (Tr. 446:8-15.)

According to Pittenger and Hardy’s recollections of the dinner in Peoria, far from voicing any discomfort, Lambert seemed “jovial” and was “laughing and joking around.” (Tr. 431:10-11, 445:2-4.) Both women testified that Lambert said she “loved her job” and did not appear upset or complain about Garcia’s behavior. (Tr. 444:22-445:7, 432:1-7.) Pittenger testified that on a trip to the women’s restroom, she heard Lambert tell a stranger that she was having a “great time” and that she liked her job. (Tr. 432:2-7.) Neither woman saw Garcia acting inappropriately toward Lambert that evening. (Tr. 444:19-21, 431:3-8.)

Hardy, an ergonomics coordinator who worked under Garcia’s supervision during Lambert’s employment, did complain on several occasions about inappropriate behavior at the Aurora facility. Once, Hardy testified, she and a prospective female intern were touring the plant and heard “wolf whistling” from the factory floor. (Tr. 447:10-17.) Hardy took the prospective intern to her office and immediately reported the incident to her supervisor, who advised her to speak to Bill Miller, the facility’s labor relations manager. (Tr. 447:18-24.) Miller asked her for details about the incident and, according to Hardy, promised to address the entire group on the factory floor about the disciplinary consequences, including discharge, of that kind of behavior. (Tr. 448:9-12, 378:7-11.) Hardy also testified that she complained to both Garcia and Miller about the presence of offensive photographs in the factory on two occasions. (Tr. 449:13-14.) In the first instance, Miller “immediately removed” the offending photograph when he could not identify its owner. (Tr. 449:13-14.) In the second, he deemed the pictures “not inappropriate” and allowed the employee to keep them. (Tr. 377:22-378:6.) Finally, Hardy complained to Garcia when another employee told her “a very offensive joke.” Garcia spoke to the employee and instructed him to apologize to Hardy. (Tr. 449:15-24.)

Garcia himself strenuously denied every one of Lambert’s allegations. He testified that he never intentionally touched Lambert’s breasts or backside, never stated that he was physically attracted to or wished to date Lambert, never threatened Lambert or told her he was jealous, never commented on Lambert’s appearance, clothing, or anatomy in a sexual way, never requested a hug from Lambert, never blew smoke in the direction of her chest, and never told Lambert that she would be pleased by the factory’s “no-ring” policy. (Tr. 193-198.) Further, Garcia denied ever discussing the sex lives of other employees, engaging in inappropriate physical contact with female employees, or making comments to Lambert about other female employees in a sexual way. (Tr. 194:6-11.)

C. Lambert’s Response to the Alleged Harassment

Lambert testified that Garcia’s behavior during her time as a Caterpillar employee made her feel “violated,” “demoralized,” “threatened,” “afraid,” “humiliated,” and “worthless.” (Tr. 60:19-61:1.) In response to Garcia’s conduct, she said, she began wearing minimizer bras and layering her clothing to draw attention away from her breasts. (Tr. 61:2-21.) Lambert testified that she took steps to avoid unwanted contact with Garcia. At first, she made general efforts to avoid physical contact when Garcia “would walk right up beside [her].” (Tr. 41:6-8.) She also told him that she didn’t like it when he blew smoke at her breasts, to which Garcia allegedly replied that Lambert “better get used to it.” (Tr. 48:11-15.) Following the incident on Garcia’s birthday, when he allegedly groped and threatened Lambert, she testified that she stopped reporting to his office in the morning. (Tr. 41:9-14.)

Lambert admitted, however, that she never complained to any supervisor or manager or to anyone in Caterpillar’s human resources or labor relations departments regarding Garcia’s behavior. (Tr. 96-98.) In December 2001, Lambert did speak to Pete Moore, a union representative, about filing a complaint against Garcia regarding their working relationship, but did not mention sexual harassment as the basis for the complaint. (Tr. 80:13-81:6, 98:12-99:7, 302:17-303:8.) In her testimony, Lambert attributed her reluctance to complain about the harassment to a combination of fear of losing her job and a lack of training in Caterpillar’s sexual harassment policies. (Tr. 80-83.) Lambert claims that after she spoke with Moore, Garcia came to her office and threatened her, warning her not to speak to anyone about her job, her' position, or “what was going on” because “no one would believe [her]” and that “he would be there long after [her].” (Tr. 82:5-15.) Lambert did not report this threat to anyone else at Caterpillar because, she testified, she believed she would lose her job. (Tr. 82:16-83:1.)

Lambert denies Caterpillar ever provided her with sexual harassment training or any handbooks on Caterpillar’s sexual harassment policies. (Tr. 32:22-3, 33:4-18.) She claims she never attended a scheduled orientation session because Garcia insisted she attend safety meetings instead and assured her “he would give [Lambert] all the training [she] needed.” (Tr. 38:18-29:3.) She did, however, recognize that Caterpillar had a sexual harassment policy and that human resources staff could have furnished her with a copy of it at her request. (Tr. 101:12-25.) Lambert admitted she never sought out a copy of the policy. (Tr. 102.) She also admitted she had received sexual harassment training from previous employers and therefore knew from past experience that Garcia’s alleged behavior would be considered harassing and illegal. (Tr. 101:1-10.)

Alan Wolff, the employment supervisor charged with training new employees in the firm’s sexual harassment policies at the time, testified that he recalled that Lambert did attend his orientation class on her first day at the Aurora facility, along with four or five other new hires. (Tr. 277:21-279:22, 281:4-9, 284:7-10.) Wolff could not recall the names of any of the other attendees and did not keep a written record of persons who attended or received orientation materials. (Tr. 282:5-22.) He also conceded that he had trained over 100 employees in his position as employment supervisor and could not recall the names of individual employees or when he had trained them. (Tr. 282:13-14.)

D. Events Leading Up to Lambert’s Termination

In late September 2001, Lambert attended a retirement party for two Caterpillar employees at a local bar. The party was not sponsored by Caterpillar. (Tr. 238:22-24.) Among those in attendance were Jenny Logel, Vicki Pittenger, Pete Moore, a union committeeman, and Gene Hevelka, a member of the union’s safety committee and Lambert’s future husband. (Tr. 70:19-71:14, 208:13-17.) Garcia was not present. At this party, Logel, then an ergonomics intern at Caterpillar, witnessed Lambert “kissing a couple guys and dancing provocatively with Gene [Hevelka].” On October 1, 2001, Logel reported Lambert’s behavior to Garcia. (Tr. 405:10-17.) Garcia noted the substance of his conversation with Logel in a file titled “Progress Notes Karon Lambert,” which contains notes beginning on October 1, 2001, the date he spoke to Logel, and ending on December 14, 2001. (Tr. 214:24-215:25, Def. Ex.' 2.) Garcia testified that he started the log because he believed the “situation was serious enough to document just in case my boss would come to me and said (sic), ‘hey, what’s going on?’ ” (Tr. 215:13-17.) Garcia’s October 1 notes state, “Jennifer Logel warned me about hearing rumors in the factory pertaining to Karon Lambert’s behavior at a retirement party on Friday. I asked Jennifer, ‘What kind of behavior?’ And she stated, ‘Grabbing, groping, and kissing hourly employees and leaving with one.’ ” (Tr. 215:19-25, Def. Ex. 2.)

On October 2, 2001, Garcia summoned Lambert to his office to discuss her behavior at the retirement party. (Tr. 216:9-12.) Garcia testified that he told Lambert that her conduct was “inappropriate” and that she should “keep some professionalism about her” when socializing with “Caterpillar people” outside of work. (Tr. 216:21-217:4.) According to Garcia’s testimony and his contemporaneous notes of the conversation, Lambert apologized for her behavior, saying she “didn’t know what happened” and that “she didn’t know whether she drank too much or somebody slipped something into her drink.” (Tr. 217:14-19.) His notes of this conversation state, “She finished the conversation by thanking me for trying to help her.” (Tr. 217:20-21) According to Lambert’s version of events, Garcia explicitly instructed her to stop seeing Hevelka. (Tr. 72:22-24.) She testified that she did not apologize to Garcia and told him she would continue seeing Hevelka if she chose. (Tr. 73:2-4.) She further testified that she had “maybe three, four beers,” and denied telling Garcia that she was drunk or believed somebody “slipped something into her drink.” (Tr. 73:5-9.) It is undisputed that Caterpillar does not have a policy prohibiting employees from dating within the company. (Tr. 384:12.)

Following Garcia’s meeting with Lambert on October 2, Garcia’s notes in his progress log reflect that he spoke with Lambert several times about socializing with hourly employees at work. (Tr. 218-28, Def.’s Ex. 2.) On October 5, 2001, Larry Eichelberger, a manager at Caterpillar, spoke with Garcia about issues concerning Lambert’s behavior that had been raised by Junior Smith, Eichelberger’s subordinate and an operations supervisor at the facility. (Tr. 220:7-14.) Smith, who was fired by Caterpillar in March 2006, testified that he had approached Eichelberger about the amount of time Lambert spent socializing with employees under his supervision. (Tr. 317:1-18, 346:23-25.) Smith told Eichelberger that he had spoken to Lambert repeatedly about wasting employees’ time in one of the “zones” he supervised, but to no effect. (Tr. 317:15— 18.) After his meeting with Eichelberger, Garcia spoke, to Lambert about “wasting time” and “spending too much time with hourly folks.” (Tr. 219:15-16.) Garcia also specifically mentioned Lambert’s relationship with Hevelka, reminding her of potential conflicts of interest between union employees and management. (Tr. 220:16-22.) Garcia admonished Lambert to “to stay focused on safety” and instructed her that she should contact Smith before entering the area of the plant under his supervision. (Tr. 219:16-24.)

Also on October 5, Garcia requested that Smith document Lambert’s troublesome behavior in writing. (Tr. 318:4-12.) When Smith failed to immediately provide such documentation, Garcia’s requests became more persistent. (Tr. 231:1-15, 320-321.) Smith testified that Miller and Eichelberger also made similar requests for written documentation of Smith’s complaints against Lambert, despite Smith’s insistence that Lambert had ceased being a problem following his initial complaint to Eichelberger. (Tr. 320:1-321:25.) According to Smith, all three men told him they needed the documentation because they planned to discharge Lambert. (Tr. 321:22-25, 323:10-17.) Smith testified that the requests became more insistent throughout December. (Tr. 320-321.) Miller denied requesting documentation from Smith prior to Lambert’s discharge or telling Smith that Caterpillar intended to discharge Lambert. (Tr. 374:1-3.) Smith also testified that he heard Garcia and Miller refer to Lambert frequently as “the bitch,” an allegation Miller denied at trial. (Tr. 324:21-325:25, 327:24-328:3, 380:21-381:5.)

Wilma Ardelean, a supervisor on the facility’s “G paint line,” also testified at length about Lambert’s practice of socializing with coworkers. As a paint line supervisor, Ardelean was responsible for ensuring that individual tractor parts were painted before assembly further down the production line. (Tr. 252:7-15.) According to Ardelean, Lambert repeatedly distracted employees under Ardelean’s supervision. First, sometime in mid-November, Ardelean observed Lambert speaking on the factory floor with Owen Stuckey, an employee under her supervision and a member of the plant’s safety committee. When Ardelean returned to the floor more than an hour later, according to her testimony, Lambert and Stuckey were still engaged in conversation. (Tr. 258:18-259:10, Ex. 3.) Ardelean testified that she later told Lambert to notify her first if she needed to speak with Stuckey or anyone else on the paint line about a safety issue. (Tr. 259:11-19.) Within a week of the incident involving Stuckey, Ardelean again witnessed Lambert “laughing and talking” with another paint line employee, Pete Moore, who was a union committee member and not a member of the safety committee. (Tr. 262:12-19.) Ardelean once again confronted Lambert and told her to speak with employees “on your own time, not mine.” (Tr. 263:12-14.) Ardelean testified that after this she called Garcia, told him about both incidents, and told him that she had instructed Lambert on the proper protocol for contact with assembly line employees. (Tr. 263:18-263:5.)

Nonetheless, about a week later, however, Ardelean saw Lambert back on the paint line, this time talking with four hourly employees: Stuckey, Moore, Jerry Bastion, and a younger employee whose name she could not recall. (Tr. 264:24-265:7.) Afterwards, Ardelean testified that she told Lambert “to get off my line, stay off my line,” and Lambert left, visibly upset. (Tr. 265:15-266:14.) Ardelean said that she again called Garcia and complained about Lambert’s behavior. (Tr. 265:6-16.) Despite this, Ardelean testified, Lambert returned a fourth time to the paint line, and during this incident the line “backed up” while Lambert was talking to Moore, Stuckey, and Bastion. (Tr. 267:11-268:3.) According to Ardelean, it took three hours for the paint line to be restored to full operation. (Tr. 268:24-25.) On this occasion, Ardelean testified, she told Lambert to leave and warned her that “if she ever came back on my line, since her boss couldn’t control her, I would.” (Tr. 268:4-7.) The next day, Ardelean documented these four incidents in an e-mail to her supervisor, Dick Hickey, which he in turn forwarded to Garcia on December 7, 2001. (Tr. 256:19-24, 270:16-22, Ardelean EMail, Def.’s Ex. 3.) Garcia testified that he spoke to Lambert about Ardelean’s complaints after receiving the email. (Tr. 228:3-4, 20-22.) It is undisputed that Lambert was never disciplined for any of these alleged incidents.

Ardelean’s testimony is not uncontradicted. Stuckey denied ever having an “hour-and-a-half conversation” with Lambert during work hours. He also denied that the paint line was ever slowed or shut down as a result of a prolonged conversation with Lambert. (Tr. 289:2-11.) Ardelean’s own e-mail to Hickey also says nothing about the paint line breaking down. (Tr. 273:21-25, Ardelean E-mail, Def. Ex. 3.) Moore similarly testified that he had never had an hour-long conversation with Lambert on the paint line and that he spoke to Garcia about Ardelean’s complaints. (Tr. 303:9-304:6, 306:13-22.) He further testified that any conversations he had with Lambert did not interfere with his job. (Tr. 306:15-18.) Garcia also could not recall ever speaking with Ardelean personally about her issues with Lambert. (238:16-19.) Finally, Lambert herself denied that Ardelean ever spoke to her about socializing with employees under her supervision or ordered her to stay off the paint line. (Tr. 125:25-126:3.)

On November 26, 2001, Garcia recorded a conversation in his notes in which he spoke to Lambert about her attire. (Progress Notes: Karon Lambert, Def. Ex. 2.) Specifically, Garcia testified that he reprimanded Lambert for wearing a “see-through” blouse and a skirt to work and instructed her to put on a blazer and remain in her office for the rest of the day. (Tr. 221:15-18.) Garcia explained that neither skirts nor short pants are permitted on the factory floor due to welding and certain other “chemical operations” that could burn exposed skin. (Tr. 221:22-12.) Both Logel and Pittenger confirmed that Caterpillar policy prohibits wearing skirts in the safety shop, where Lambert worked. (Tr. 403:21^04:4, 421:10-24.) Logel further testified that she saw Lambert wearing a skirt and “see-through” blouse to work and was present when Garcia reprimanded Lambert. (Tr. 404:5-16.) Pittenger also recalled Lambert wearing a “black skirt,” and “somewhat see-through” white blouse that revealed a “zebra bra.” (Tr. 421:25-422:6.) Lambert denied ever wearing a sheer top to work and testified that Garcia never spoke to her about her attire. (Tr. 74:23-75:4.) She also claimed to have seen Pittenger and Hardy wear skirts to work. (Tr. 75:10-15.)

On December 4, 2001, again according to Garcia’s notes, Garcia spoke with Lambert about her desire to become involved in the facility’s mentoring program. (Tr. 223:7-14.) On December 5, Garcia learned that Lambert had already spoken to Dick Hickey, a factory superintendent, about the mentoring program and following this conversation, reprimanded Lambert for discussing the program with Hickey without first consulting him. (Tr. 223:22-224:5.) Garcia explained that he did not think Lambert was ready for the mentoring program and disapproved of her approaching another employee who was not her supervisor rather than coming to him. (Tr. 223:25-224:5.)

Garcia twice spoke with Lambert about “keeping her hands to herself.” (Tr. 227-28, 294, Ex. 2.) On December 6, 2001, Garcia’s notes indicate that he and Owen Stuckey approached Garcia about Lambert’s habit of touching Stuckey in a way that made him uncomfortable. (Tr. 227:10-17, Def. Ex. 2.) According to Garcia’s testimony and notes, he spoke to Lambert on December 10, instructing her “to stay away from Owen Stuckey ... unless it was strictly business” and “to keep her hands off Mr. Stuckey, he didn’t like it.” (Tr. 227:22-228:2.) At trial, Lambert testified that she had only touched Stuckey once, on the leg, to get his attention on the noisy factory floor and that she never touched him again after speaking with Garcia. (Tr. 76:18-77:4.)

On December 14, 2001, Garcia spoke to Lambert about an incident involving Dave Limón, a union safety committeeman. (Tr. 231:13-232:6.) Garcia’s and Lambert’s testimony conflict as to the details, but Lambert admits that she touched Limón on the shoulder after a safety committee meeting. (Tr. 77:19-78:2, 231:18-25.) When questioned about the incident at trial, Limón simply testified that he “didn’t feel comfortable” when Lambert touched him when speaking to him. (Tr. 294:21-23.) Garcia testified that he again gave Lambert specific instructions on December 14 to “keep her hands off of people; they don’t like it.” (Tr. 232:7-12.) After speaking with Garcia, Lambert testified that she did not touch Limón for the remainder of her employment at Caterpillar. (Tr. 78:8-10, 295:18-21.)

Garcia acknowledged that the Caterpillar plant was not cited for any OSHA violations while Lambert was safety manager. Throughout her tenure at Caterpillar, Lambert never received any written warnings or complaints about her performance as safety manager, nor was she suspended at any time before her termination. (Tr. 84.) In addition, Garcia expressed approval of the manner in which Lambert conducted the two monthly manager meetings that he attended during her tenure at Caterpillar. (Tr. 286-37.)

E. Lambert’s Termination and Aftermath

Garcia did not have the final authority to terminate Lambert, but he did recommend her discharge to Jerry Palmer, a vice-president at Caterpillar, by preparing a written summary of reasons for that recommendation. (Tr. 209:11-13.) On January 3, 2002, Garcia created a summary, based on his progress report file, of reasons he believed Lambert should be terminated. (Tr. 210:14-24, Lambert Termination Documents, Def.’s Ex. 6.) The document Garcia prepared regarding Lambert contained the following paragraph:

In summary: In 94 working days as of January 3rd, 2002, I have had 14 different conversations that had to be documented and numerous other occasions that were not documented about Ms. Lambert’s unprofessional behavior, inappropriate behavior with hourly employees, the image that she projects as a Caterpillar manager, wasting time, wasting other people’s time, not paying attention to business, and on two occasions held up production in two areas of the factory.

(Lambert Termination Documents, Def.’s Ex. 6 at 2.) This document also refers to a conversation Garcia had with factory manager Timothy Tunt about Lambert’s “ineffectiveness in safety meetings.” (Tr. 233:17-21.) Garcia’s progress notes make no mention of such a conversation, but Tunt confirmed in his trial testimony that he complained to Garcia about Lambert’s performance at safety meetings sometime in November or December 2001. (Tr. 355:5-356:6.) Specifically, Tunt complained that Lambert focused on topics, such as Christmas tree safety, that were either only minimally relevant or completely unrelated to the work performed in the factory. (Tr. 355:6-17.) Tunt also told Garcia that he believed Lambert was misrepresenting safety statistics during a period when the plant’s safety record was “atrocious.” (Tr. 355:20-25.) Garcia never spoke with Lambert about Tunt’s complaints. (Tr. 236:8-10.) •

Some time prior to January 4, 2002 (the record contains no evidence concerning this process), Garcia’s recommendation was adopted. In the early afternoon on that date, Lambert testified that the plant’s lieutenant of security, two plant security officers, and Garcia came to Lambert’s office. (Tr. 85:2-3, 23.) One of these individuals (Lambert did not say which one) told Lambert her employment had been terminated and instructed her to clean out her desk. (Tr. 85:14-16.) After allowing her to put her personal items in a box, they escorted her across the factory floor to the plant exit. (Tr. 85:15-86:1.)

After arriving home that day, Lambert called Bill Miller, the plant’s labor relations manager, to discuss her discharge. (Tr. 86:5-9.) Miller recalled that Lambert complained primarily that her termination for poor performance was unjustified and that no one had discussed her performance with her before she was discharged. She did also mention harassment by Garcia. (Tr. 375:13-376:4.) When Miller pressed her for more details, Lambert said that Garcia had “bumped into her and pressed against her breast once” and that Miller should consult Garcia’s “harem,” whom she identified as Pittenger, Logel, and Hardy. (Tr. 376:5-18.) Miller testified that he spoke to all three women the next day and, according to Miller, none voiced any complaints about sexual harassment by Garcia. (Tr. 377:1-11.)

Also on January 4, 2002, Tim Anderson, a factory supervisor at Caterpillar, called Lambert after learning she had been discharged. (Tr. 86:16-87:5, Anderson Dep. 19-23.) Anderson, who was stationed at the Marion, Ohio facility at the time, had been working with Lambert remotely on an internal corporate audit of the Marion facility for about two months when Lambert was fired. (Anderson Dep. 14:16-15:6.) According to both Lambert’s and Anderson’s accounts of this phone call, Lambert described at least some of Garcia’s harassing behavior, including that he would “rub up against her chest” and “get a little too close to her body.” (Anderson Dep. 21:8-15.)

Lambert filed a charge of sexual harassment with the EEOC on February 5, 2002. (Def. 56.1 ¶ 8.) In preparing the official company response to the charge, Miller reviewed Garcia’s recommendation for Lambert’s termination. (Tr. 380:1-8.) Specifically, Miller testified that he “requested information” from Logel, Pittenger, and Hardy regarding Lambert’s interaction with other employees; their responses are not included in the record. (Tr. 380:9-14.) Miller also interviewed Garcia, who denied committing any of the acts alleged in Lambert’s charge. (Tr. 380:15-20.)

F. Other Alleged Incidents Involving Robert Garcia

The court heard testimony regarding Garcia’s alleged sexual harassment of other women at Caterpillar. Judy Sawyer (then Judy Green) worked at Caterpillar’s Aurora facility from approximately 1995 through December 1999 as an employee for Vallens Safety Supply, an outside company that Caterpillar contracted to run the safety stores in its plants at that time. (Tr. 135:9-14, 137:16-24.) In 1999, about six months before Sawyer’s discharge, Garcia became the safety manager at the Aurora facility. (Tr. 140:15-18.) Sawyer testified that Garcia would come into the safety store to get coffee, and that on two occasions, he put his arm around her waist when she bent to fill the coffee carafe, startling her. (Tr. 141:2-143.) As Sawyer attempted to move away, his arm grazed her breasts. (Tr. 141:2-143.)

The two incidents Sawyer described occurred within a period of a week and a half. (Tr. 145:3-6.) After both incidents, Sawyer complained to her immediate supervisor, Melanie Hadley, another Vallens employee, who reportedly told Sawyer that Garcia had behaved similarly around her. (Tr. 145-147.) In addition, Sawyer claims she and Hadley spoke with Dina Behrens, a Vallen employee who managed all Caterpillar’s on-site safety stores, regarding Garcia’s behavior. According to Sawyer, Behrens instructed them to “bite their tongues” because Vallen was engaged in negotiations to renew its contract with Caterpillar. (Tr. 472:20-473:8.) At trial, Behrens denied that Sawyer or Hadley complained to her about Garcia or that she told them not to speak out during the contract negotiations. (Tr. 391-392; 395-396.)

At some point, Sawyer also complained to Tim Anderson, then the second-shift supervisor at Caterpillar, that Garcia made her uncomfortable because he was “paw-y”; Sawyer was otherwise vague about Garcia’s behavior. (Tr. 152-153.) When Bill Miller learned of Sawyer’s complaint about Garcia from Anderson, he called Anderson to discuss the matter (the substance of the discussion was not presented at trial). (Tr. 385:12-18.) Sawyer also testified that Garcia would occasionally pat her backside when no one else was watching. (Tr. 149:12-16.) Sawyer said she never experienced inappropriate behavior from other employees while at Caterpillar. (Tr. 142:18-143:3.) Several weeks after the incidents in the safety store, Vallen transferred Sawyer out of the Aurora facility. (Tr. 150:11-24.)

The court also heard testimony regarding Garcia’s interactions with Anne Marie Logan, another Vallen employee who worked at Caterpillar. Logan did not personally testify at trial, but Miller acknowledged that Logan had lodged a complaint about Garcia in February 2002, and that he interviewed Logan in a meeting at Vallen with Logan’s supervisor. (Tr. 365-367.) Miller recalled that Logan reported that Garcia’s hand had grazed her breast while reaching for something in the safety shop, but she was unsure whether the contact was accidental or intentional. (Tr. 368:5-369:1.) Logan stated that there had been no other similar incidents involving Garcia. (Tr. 369:2-6.) Garcia denied touching Logan, but Miller nonetheless instructed him to stay out of the safety store unless escorted. (Tr. 371:8-21.) Behrens testified that Logan never personally complained to her and that Vallen eventually terminated Logan’s employment for reasons unrelated to any complaint about Garcia.

II. Sandy Irvin’s Claim

A. Background

On April 18, 2006, the EEOC brought a sexual harassment claim on behalf of Sandy Irvin based on Caterpillar’s failure to respond adequately to alleged sexual harassment by Irvin’s coworker, John Fay.

• Irvin began working for Caterpillar in April 2000 as an assembly-line operator in Caterpillar’s Pontiac, Illinois facility. Eight months later, in January 2001, she was promoted to second-shift supervisor. In March 2003, Caterpillar transferred Irvin to its Aurora facility, where she worked from 3:00 p.m. to 11:00 p.m., five days per week, as a second-shift supervisor on the “stick and boom” line in Building G. (Tr. 491:13-25.) “Stick and boom” describes the arm and bucket device on tractors that perform excavations; Irvin supervised 20 employees engaged in both “first operations” (the process of cutting sheet metal to make the “stick and boom”) and “second operations” (the process of beveling and welding these parts). (Tr. 492:1-24.) She shared an office with Jon Fay, the first-shift foreman, and Ron Clarner, the third-shift supervisor. (Tr. 493:6-11.) In January 2004, Irvin was promoted again, to the position of lead foreman in a separate building, a position she still held at the time of trial. (Tr. 494:2-17.)

Irvin received training in Caterpillar’s sexual harassment policy in January 2001, as part of her one-week supervisor orientation, and again in March 2003, when she was transferred to the Aurora facility. (Tr. 530-31.) During both orientations, Irvin received written copies of Caterpillar’s policies. (Tr. 531:17-18, 531:25-532:1) Irvin understood that these policies instructed employees experiencing sexual harassment to report it to the human resources department,'but conceded that she never complained to human resources. (Tr. 531:1-7.) Irvin also understood that Caterpillar’s policy explicitly prohibited .■ retaliation against an employee who reported workplace harassment. (Tr. 531:13-16.)

B. Evidence of Sexual Harassment

Irvin testified at length about coworker Jon Fay’s conduct toward her beginning in the summer of 2003 and continuing through January 9, 2004, the date that Fay’s behavior “culminated in unwanted touching and solicitations for sex.” (PI. Posh-Trial Br. at 7.) Over a period of approximately six months, Fay made repeated comments to Irvin, both at work and in phone calls to her home, about her underwear, her bra, her smell, and her general appearance. (Tr. 629:22-631:9.) According to Irvin’s testimony, Fay told her at various times that she “looked like she needed a spanking,” and that he was “horny,” and once asked her if she “wanted fries with that shake.” (Tr. 504-505.) While Fay could not recall all these incidents, he did not deny making these comments in his trial testimony. (Tr. 629-630.)

Fay told Irvin he was in love with her “several” times during this period. (Tr. 507:19-20.) Once, Irvin accepted Fay’s invitation to go out for drinks after work, but Fay called it off at the last minute to be at home with his son. (Tr. 633.)

On one occasion, Fay asked Irvin to show him a new tattoo on her lower back. (Tr. 526:19-22, 629:17-630:1.) According to Fay, Irvin pulled her pants down a couple of inches to allow Fay to see the tattoo, and Fay pulled down her waistband “no more than an inch” further to get a better look. (Tr. 629:25-630:4.) Fay testified that Irvin did not object to his pulling down her waistband. (Tr. 630:2-8.) Irvin recalled that Fay had “yanked” her pants down to see the tattoo, but did not testify that she objected to this behavior at the time. (Tr. 526:16-22.) Nor did she testify at trial that she found this behavior offensive or objectionable. (Tr. 526:16-22.)

Fay’s wife called Irvin at home twice and accused Irvin of having an affair with Fay. (Tr. 505:11-14, 507, 572:3-10.) Fay told Irvin that his wife had once threatened to shoot both of them. (Tr. 634:8-12.) Irvin took this threat seriously and feared Fay’s wife. (Tr. 505:9-21.)

Irvin testified that she was “offended” and “upset” by Fay’s comments and phone calls, and told him she was not interested in a romantic relationship. (Tr. 507:21-22, 508:5-7, 514:11-13.) She stated that she told Fay not to call her and hung up on him when his calls were personal rather than work-related. (Tr. 507:24-508:4.) Irvin acknowledged that she occasionally called Fay from home, but insisted she did so only to check on the status of production line operations or for other work-related reasons. (Tr. 508:8-11.)

Although Irvin testified that Fay’s behavior offended her, there is evidence that their relationship was for the most part congenial in the months leading up to January 9, 2004. When Irvin first started working with Fay, she viewed him “as a friend at work.” (Tr. 541:13.) Irvin admitted that she willingly discussed Fay’s marital and personal problems with him and was “sympathetic” to Fay’s problems in his home life. (Tr. 541:21-542:4.) Irvin said that she discussed her own “issues with her husband” with Fay, and at one point gave Fay a copy of a self-help book that “helped [Irvin] when [she] had had similar problems in [her] own home life.” (Tr. 542:5-2.) Irvin testified that there were times when Fay would call just to “ask[ ] what was going on,” and that these conversations did not offend her. (Tr. 544:8-10.) According to Fay, Irvin never protested that he called too much, hung up on him, or otherwise complained when he discussed personal matters with her. (Tr. 629-632.) Further, in a written statement made at Robert Diveley (Irvin’s coworker) and Tunt’s request shortly after the incident on January 9, 2004, Irvin wrote that Fay began calling her sometime during the summer, but did not start making sexually inappropriate comments until November or December 2003. (Tr. 546:4-21, 547:1-5, Def. Ex. 8.)

Irvin testified that sometime during the summer of 2003, she complained to Diveley about Fay’s comments, and ultimately about Fay’s behavior. (Tr. 565:16-21.) According to Diveley, Irvin initially complained that “John was talking about his family life and how his wife didn’t want him at home and that — basically, that was it.” (Tr. 566:10-14.) Diveley testified that Irvin hesitated to complain to Mike Brown, her direct supervisor, because “she really didn’t want to get John in trouble.” (Tr. 568:3-5.) In addition, Diveley noticed that sometime during that summer, Fay had begun to stay past the end of his shifts “until roughly 8:30, 9:00 o’clock at night,” a fact that both Fay and Irvin confirmed. (Tr. 499:14-23, 566:21-567:2.) The first time Irvin confided in Diveley, he advised her to talk to Mike Brown, the general foreman and Irvin’s direct supervisor. (Tr. 567:16-21.) At some point, Diveley also spoke to Fay personally about his behavior toward Irvin, cautioning him that other employees were talking about his “hanging round Sandy” and how it “[didn’t] look good.” (Tr. 568:11-18.) According to Diveley, Fay told him he was “in love” and then just shrugged and walked away. (Tr. 569:1-9.)

Diveley also testified that he himself spoke to Mike Brown at least twice about Irvin’s complaints. (Tr. 569:10-13.) According to Diveley, the first time he spoke to Brown, he told Brown that Irvin had complained about Fay “hanging around her, about how unhappy he is and all that kind of stuff,” but did not specifically report that any of Fay’s comments were sexual or harassing. (Tr. 569:23-570:3.) Diveley recalled that at some point, he did speak with Brown about Fay’s “sexually inappropriate comments,” but could not recall when. (Tr. 570:6-24.) Diveley believed the second time Irvin complained to him was after January 9, 2004, when he again advised her to talk to Brown. (Tr. 571:3-21.)

About a week after Diveley first advised Irvin to speak to Brown, Irvin testified that she did complain to Brown about Fay’s behavior, specifically that Fay was making “comments” to Irvin, telling her that “he was in love” with her, and calling her at home. (Tr. 515:10-14.) According to Irvin, Brown expressed concern and assured Irvin that he would speak to Fay’s supervisor, Doug Holman. (Tr. 514:23-515:18.) Irvin testified that Fay’s objectionable behavior stopped for “a little bit” after she spoke with Diveley and Brown, but that over time, Fay resumed making comments and phone calls and staying late into her shift. (Tr. 516:8-18.) Irvin claimed she complained again to Brown about Fay’s behavior sometime in the fall of 2003, and again Brown said he would speak to Holman. (Tr. 517:13-518:13.) After this second complaint, Fay’s inappropriate comments and phone calls once more stopped for a period, but then started again and continued until January 9, 2004. (Tr. 518:10-519:2.) Contrary to Diveley and Irvin’s testimony, Brown testified in his deposition that before January 2004, Irvin “never mentioned anything other than that [Fay] stayed late and he was having some problems at home, and she had talked to him about those.” (Tr. 610:25-611:4.)

Under the company’s policy, Brown had a duty to report any alleged harassment that came to his attention to Timothy Tunt, Brown’s supervisor and the building’s general foreman. (Tr. 582:10-24.) Tunt testified that Brown never spoke to him about Irvin’s complaints. (Tr. 582.) According to Brown, however, he made no such report because Irvin did not speak to him about any sexually i