Full opinion text
MEMORANDUM AND ORDER LUNGSTRUM, District Judge. I. Introduction A trial to the court was held from September 5, 1995 through September 8, 1995, in this sexual harassment action brought under the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. The plaintiffs, Helene Eichenwald (“Ms. Eichenwald”), Marla Rich-man (“Ms. Richman”), Leanne Fuller (formerly Alexander) (“Ms. Fuller”) and Thomas Harrison (“Mr. Harrison”), claim that they were sübjected to an unlawful hostile work environment (and that Ms. Eichenwald was subjected to “quid pro quo” sexual harassment) which led to the constructive discharge of Ms. Eiehenwald, Ms. Richman, and Ms. Fuller and that Mr. Harrison was discharged in retaliation for complaining about unlawful discriminatory conduct. The plaintiffs contend that they were sexually harassed by supervisory employees of the defendants, Robert Shine, James Gross, Gary Stein, and Robert Ward, while working at Krigel’s of Metcalf South, Inc., Krigel’s of Mission Center, Inc., Krigel’s of Oak Park, Inc., and Krigel’s of Bannister Mall, Inc. The plaintiffs further allege that Krigel’s, Inc., the parent and sole shareholder of Krigel’s of Metcalf South, Inc., Krigel’s of Mission Center, Inc., Krigel’s of Oak Park, Inc., and Krigel’s of Bannister Mall, Inc., and these subsidiary corporations should be treated as a single employer for purposes of plaintiffs’ Title VII claim under an integrated enterprise theory. The court has carefully reviewed the submissions of the parties and has thoroughly considered the evidence and arguments presented at trial. It has relied to a considerable degree on its opportunity to form conclusions about the credibility of the witnesses from close observation of their demeanor while testifying at trial. This is not a pleasant case.- It is clear that Mr. Shine engaged in appalling and abusive behavior which was sexually harassing, pervasive and unwelcome as to the plaintiffs Eichenwald, Richman and Fuller and which was so intolerable that it led to their leaving jobs with the defendants. Moreover, the evidence is abundantly clear both that the. defendants meet the integrated enterprise test and that Mr. Shine’s conduct is attributable to them. Thus, the court finds for these plaintiffs and against the defendants. On the other hand, the court does not find the testimony of Mr. Harrison credible concerning the unwelcomeness of Mr. Shine’s behavior and finds that there is also no persuasive evidence that Mr. Harrison was retaliated against for opposing sexual harassment. His unsupported claims totally lack merit. As a result, the court finds against Mr. Harrison. On the subject of remedy, the court was not persuaded by the evidence presented at trial that the three prevailing plaintiffs are entitled to recover the sums demanded. In fact, these plaintiffs presented very little evidence from which the court could determine what they probably would have earned under Krigel’s pay plan and its largely commission based compensation scheme. Thus, based on the evidence which was presented, the court’s award of back pay to Ms. Eichenwald is in the amount of $22,558.24; to Ms. Rich-man is in the amount of $4,895.32; and to Ms. Fuller is in the amount of $3,956.01. II. Sexual Harassment, Constructive Discharge & Retaliation A. Sexual Harassment Two principal theories of sexual harassment may be shown under Title VII: quid pro quo discrimination and hostile work environment. Martin v. Nannie and the Newborns, Inc., 3 F.3d 1410, 1414 (10th Cir.1993) (citing Meritor Sav. Bank v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)). Plaintiffs Fuller, Riehman, and Harrison’s claims are based only on the latter theory. Plaintiff Eichenwald’s claim is based on both theories. To make a prima facie case of hostile work environment under Title VII, a plaintiff must show that: (1) he or she is a member of a protected group; (2) the conduct in question was unwelcome; (3) the harassment was based on sex; (4) the harassment was sufficiently severe or pervasive to create an abusive working environment; and (5) that some basis exists for imputing liability to the employer. Schindler v. Larry’s IGA, Inc., No. 92-1033-PFK, 1994 WL 324563, at *2 (D.Kan. June 16, 1994) (citing Ebert v. Lamar Truck Plaza, 715 F.Supp. 1496, 1498 (D.Colo.1987), aff'd, 878 F.2d 338 (10th Cir.1989)); Ball v. City of Cheyenne, 845 F.Supp. 803, 809 (D.Wyo.1993) (citing Paroline v. Unisys Corp., 879 F.2d 100, 105 (4th Cir.1989)). To prevail under a hostile work environment theory, a plaintiff must show that sexual conduct had the “purpose or effect of unreasonably interfering” with his or her work performance or created an “intimidating, hostile, or offensive working environment.” Martin, 3 F.3d at 1414. Sexual harassment is actionable where the “workplace is permeated with ‘discriminatory intimidation, ridicule, and insult,’ ... that is ‘sufficiently severe and pervasive to alter the conditions of the victim’s employment and create an abusive working environment’.” Harris v. Forklift Systems, Inc., — U.S. -, -, 114 S.Ct. 367, 370, 126 L.Ed.2d 295 (1993). Casual or isolated manifestations of a discriminatory environment are not sufficient to demonstrate a hostile working environment under the law. Hicks v. Gates Rubber Co., 833 F.2d 1406, 1414 (10th Cir.1987). “Whether the sexual conduct complained of is sufficiently pervasive to create a hostile or offensive work environment must be determined from the totality of the circumstances.” Sauers v. Salt Lake County, 1 F.3d 1122, 1126 (10th Cir.1993). These may include: ... the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance. Harris, — U.S. at -, 114 S.Ct. at 371. These factors are evaluated from both a subjective and an objective viewpoint. The court must consider not only the effect the discriminatory conduct actually had on the plaintiff, but also the impact it likely would have had on a reasonable employee in the plaintiffs position. Id. at -, 114 S.Ct. at 370. Evidence of a general work atmosphere, in addition to evidence of specific hostility directed at the plaintiff, may be considered in evaluating the claim. Daemi v. Church’s Fried Chicken, Inc., 931 F.2d 1379, 1385 (10th Cir.1991). Relatively isolated instances of non-severe misconduct will not support a hostile work environment claim. Saxton v. American Tel. & Tel. Co., 10 F.3d 526, 533 (7th Cir.1993). However, misconduct that is relatively less severe may become actionable, especially when the alleged misconduct is that of a supervisor, when it is so frequent and pervasive that it affects an employee’s work environment. Schweitzer-Reschke v. Avnet, Inc., 874 F.Supp. 1187, 1193 (D.Kan.1995). The fact that the sex-related conduct was “voluntary”, in the sense that the complainant was not forced to participate against his or her will, is not a defense to a sexual harassment suit brought under Title VII. Meritor Sav. Bank v. Vinson, 477 U.S. 57, 68, 106 S.Ct. 2399, 2406, 91 L.Ed.2d 49 (1986). The gravamen of any sexual harassment claim is that the alleged sexual advances were “unwelcome.” Id. Quid pro quo sexual harassment is anchored in an employer’s sexually discriminatory behavior which compels an employee to elect between acceding to sexual demands and forfeiting job benefits, continued employment or promotion, or otherwise suffering tangible job detriment. Ridge v. HCA Health Services of Kansas, Inc., No. 91-1280-PFK, 1992 WL 363686, at *3 (D.Kan. Nov. 3, 1992) (citing Henson v. City of Dundee, 682 F.2d 897, 908 (11th Cir.1982)). To prevail under a quid pro quo theory, a plaintiff must show that (1) a supervisor with authority to materially affect the terms and conditions of the plaintiffs employment, (2) subjected the plaintiff to a demand for sexual favors, and (3) the rejection of which resulted in a tangible job detriment. Starrett v. Wadley, 876 F.2d 808, 820 (10th Cir.1989); Sauers v. Salt Lake County, 1 F.3d 1122, 1127 (10th Cir.1993). If the plaintiff can show that he or she suffered an economic injury from his or her supervisor’s actions, the employer becomes strictly liable without any further showing of why the employer should be responsible for the supervisor’s conduct. Id. B. Constructive Discharge Plaintiffs Eichenwald, Fuller, and Richman contend that the hostile environment to which they were subjected forced them to leave Krigel’s and led to their constructive discharge. An employee who is not formally discharged from employment may still be constructively discharged if the employee was forced to quit due to gender-based intolerable working conditions. Derr v. Gulf Oil Corp., 796 F.2d 340 (10th Cir.1986). In order to establish a claim of constructive discharge under Title VII, a plaintiff must show that the defendant’s conduct produced working conditions that a reasonable person would view as intolerable. Daemi, 931 F.2d at 1386. The intolerable conditions must be the result of the employer’s illegal discriminatory acts, Derr, 796 F.2d at 344, and the plaintiff must show a causal connection between her leaving and the employer’s Title VII violation. Wolf v. Burum, No. 88-1233-C, 1990 WL 81219, at *9 (D.Kan. May 16, 1990). C. Retaliation Title VII prohibits an employer from discriminating against an employee because the employee “has opposed any practice made an unlawful employment practice by this subchapter, or because [the employee] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this sub-chapter.” Schindler v. Larry’s IGA, Inc., No. 92-1033-PFK, 1994 WL 324563 at *9 (D.Kan. June 16, 1994) (quoting 42 U.S.C. 2000e-3(a)). Mr. Harrison contends he was discharged in retaliation for complaining about unlawful discriminatory conduct. To establish a prima facie case of retaliation under Title VII, the plaintiff must show (1) the employee engaged in protected opposition to statutorily prohibited discrimination or participated in a statutorily protected proceeding, (2) the employer took adverse action contemporaneously or subsequent to the employee’s protected activity, and (3) a causal connection exists between the protected activity and the adverse employment action. Meredith v. Beech Aircraft Corp., 18 F.3d 890, 896 (10th Cir.1994). III. Integrated Enterprise Theory The Tenth circuit has recognized four different tests for determining whether a parent corporation is liable for the acts of its subsidiary. Spicer v. Arbor Nall Nursery, Inc., Civ.A. No. 93-2537-EEO, 1995 WL 42660, at *3 (D.Kan. Jan. 18, 1995). The four tests are: (1) agency test; (2) alter ego test; (3) instrumentality test; and (4) integrated enterprise test. Id. The Tenth Circuit has declined to adopt any one as the exclusive test for use in all employment discrimination cases. See Frank v. U.S. West, Inc., 3 F.3d 1357, 1362 (10th Cir.1993). The integrated enterprise test was adopted by the National Labor Relations Board as a self-imposed jurisdictional restriction on the definition of “employer” under Title VII. See NLRB v. Welcome-American Fertilizer Co., 443 F.2d 19 (9th Cir.1971). The integrated enterprise test prevents the court from imposing liability on a parent corporation when, in fact, the parent corporation and its subsidiary are operating indepen-' dently. See id. In Evans v. McDonald’s Corp., 936 F.2d 1087, 1089 (10th Cir.1991), the Tenth circuit applied the integrated enterprise test to define “employer” in a Title VII case. In the Evans and Frank decisions, both the plaintiff and the defendant conceded that the integrated enterprise test best applied to the facts. In the instant case, the defendants do not challenge the plaintiffs’ reliance upon the integrated enterprise test. The court will, therefore, apply it to the facts of this case. Under this test the court must weigh four factors to determine whether sufficient integration exists to treat the parent corporation and the subsidiary as a single, integrated “employer.” Radio & T.V. Local 1264 v. Broadcast Serv., Inc., 380 U.S. 255, 256, 85 S.Ct. 876, 877, 13 L.Ed.2d 789 (1962); U.S. West, 3 F.3d at 1362. The factors are (1) interrelation of operations, (2) common management, (3) centralized control of labor relations, and (4) common ownership or financial control. U.S. West, 3 F.3d at 1362. The first three factors are weighed more heavily than the last. Welcome-American Fertilizer, 443 F.2d at 21. The plaintiff must establish that the defendant Krigel’s, Inc.’s control over its stores exceeded that normally exercised by a parent corporation. U.S. West, 3 F.3d at 1362. IV. Plaintiff’s Evidence A. Ms. Eichenwald Ms. Eichenwald alleges that she was sexually harassed by Mr. Stein, Mr. Shine, and Mr. Gross while she was an employee of one of the defendants and while her harassers held supervisory power over her. Ms. Ei-ehenwald offered the following testimony in support of her claim. Ms. Eichenwald was interviewed at defendant Krigel’s, Inc. by Scott Krigel and then by Mr. Stein at defendant Rrigel’s of Bannister Mall, Inc. Scott Krigel told her at her interview that she should go to her store manager, not him, with any problems. Before and while Ms. Eichenwald was employed at Krigel’s she was never given an employee handbook and was never informed that Krigel’s had a sexual harassment or an “open door” policy. Ms. Eichenwald was hired' as a part-time sales associate at defendant Krigel’s of Bannister Mall, Inc. on or about July 2,1987 and continued to work there part-time until around July 30, T988. Mr. Stein was the manager of defendant Krigel’s of Bannister Mall, Inc. while Ms. Eichenwald was employed there. Ms. Eichenwald stated that Mr. Stein solicited sex from her, made numerous lewd sexual remarks to her concerning her breasts, her sexual habits, and usage of the birth control pill, physically touched her in a sexual manner, and demanded that she talk to other employees about their sex lives and report back to him. Mr. Stein’s conduct was so constant and intimidating that she could not concentrate. Ms. Eichenwald further testified that Mr. Stein conditioned her pay raise on her arranging a date for Mr. Stein with her friend. Mr. Stein also conditioned her request for a Saturday off on her going to Las Vegas with him. When Ms. Eichenwald refused his demand, Mr. Stein said that he would assume that she quit if she did not show up on Saturday. Ms. Eichenwald took the Saturday off and never returned to work. She alleges that she was terminated because she refused to accept Mr. Stein’s Las Vegas proposition. Ms. Eichenwald mentioned Mr. Stein’s conduct to Susan Krigel, the wife of Scott Krigel. Susan Krigel reacted casually to Mr. Stem’s conduct. To Ms. Eichenwald’s knowledge, Krigel’s never took any disciplinary action against Mr. Stein. On October 31, 1990, Ms. Eichenwald was rehired by Scott Krigel as a full-time sales associate at defendant Krigel’s of Mission Center, Inc. Her new supervisor, Robert Shine, made lewd, sexual remarks directed to her concerning her sexual habits and her attire, asking her to model lingerie for him, and suggesting that she would sell more if she dressed in a more provocative manner. On or about January 1, 1991, Ms. Eichen-wald was transferred to defendant Krigel’s of Bannister Mall, Inc. by Mr. Shine. Ms. Ei-chenwald told Scott Krigel that she did not want to work with Mr. Stein again. Scott Krigel admitted knowing about Mr. Stem’s 1988 conduct. He told Ms. Eichenwald that Mr. Stein was still employed at the Bannister store,’ but was no longer in a supervisory position. Ms. Eichenwald agreed to work at the Bannister store because she could tolerate working with Mr. Stein as long as he was not in a supervisory position. On January 27, 1991, Ms. Eichenwald was transferred to the corporate headquarters of Krigel’s to work with Scott Krigel on a special marketing project. While working there, James Gross sexually harassed her in person and over the phone. Mr. Gross made several lewd sexual statements to her, did a sexually explicit ‘Ninny” routine, and told her that Mr. Shine said she was a “player.” The term “player”, according to Ms. Eichenwald, means someone who is willing to play along with Mr. Shine’s sexual harassment. Mr. Shine also sexually harassed her while she was working at Krigel’s corporate headquarters. Mr. Shine made comments to Ms. Ei-chenwald about having sex with her and other employees. He crumpled up a letter from a female customer complaining about a Kri-gel’s salesman sexually harassing her. Mr. Shine told her that he was the salesman the female customer was referring to and, as he crumpled up the letter, that this is what happens when women complain about him. Ms. Eichenwald testified that she did not report Mr. Shine’s or Mr. Gross’ conduct to Scott, Susan, Peggy, or Richard Krigel because she was afraid of the wrath of Mr. Gross and Mr. Shine. On or about May 28,1991, Ms. Eichenwald was transferred back to the Bannister store where she held a sales associate position. When Mr. Shine was at the Bannister store, which was more than once a week, he sexually harassed her. She complained to Gary Pener, the manager of the Bannister store, about Mr. Shine’s conduct. Ms. Eichenwald testified that Mr. Shine asked if he could give her home phone number to his rich customer whom she had helped on one occasion. When she refused, Mr. Shine informed her that she was being transferred to the Independence Center store. Ms. Eichenwald alleges that this transfer was a demotion because the Independence Center store is farther from her house and because it had a lower volume of sales which means less potential for commissions. She also alleges that she was transferred by.Mr. Shine to the Independence Center store because she refused to let Mr. Shine give her home number to his rich customer. She believes Mr. Shine was retaliating against her because Gary Pener, her store manager at the Bannister store, was unaware that she had been transferred. Ms. Eichenwald was so upset about the transfer that she could not leave her residence for four days. She could not contact Scott Kri-gel during those four days because he was out of town at the time. Ms. Eichenwald went to the Independence Center store for one day and decided to quit instead of accepting Mr. Shine’s transfer/demotion. When she did reach Scott Krigel, he told her that he knew the whole story and that there was nothing else to talk about. Ms. Eichenwald filed a charge of sexual harassment with the Equal Employment Opportunity Commission (“EEOC”) in January of 1992. Four weeks after leaving the Independence Center store, Ms. Eichenwald took a job at Marketing Resources and continued to work there until November of 1992 when she was laid off due to a merger. In December of 1992, she was employed at the rate of $10.00 per hour by The Lancaster Group. From March 1„ 1993 to March 27, 1993, she worked for Ms. Diane Graham as a nanny. In November of 1993, she worked for Sport-swon, Inc. for two and one half weeks. In January of 1994, she took a sales job with Saks Fifth Avenue. On July 10, 1995, she took a job with National Cable Network and is presently employed there. She testified that she has been a successful salesperson at all of her subsequent sales positions and believes that she would have been a successful jewelry salesperson had she not been sexually harassed and constructively discharged. B. Ms. Richman Ms. Richman alleges that she was sexually harassed by Mr. Shine while she was an employee of one of the defendants and Mr. Shine held supervisory power over her. Ms. Richman offered the following testimony in support of her claim. Ms. Richman was interviewed at defendant Krigel’s, Inc. by Karen Green and then by Mr. Shine at defendant Krigel’s of Mission Center, Inc. at the beginning of April in 1991. Mr. Shine told her that he was vice president of operations and she understood him to mean that he oversaw all of the Rrigel’s stores. During her interview, Mr. Shine commented that she did not have to hold her dress together because he liked her legs. At the end of her interview, Mr. Shine informed Ms. Richman that she was hired as a full-time office assoeiate and that she would be working at the Bannister store. Before and while Ms. Rich-man was employed at Krigel’s she was never given an employee handbook and was never informed that Krigel’s had a sexual harassment or an “open door” policy. Ms. Richman began working at the Bannister store on or about April 5. When Mr. Shine was at the Bannister store, he made unwelcome sexual comments and sexual advances toward her. On or around May 28, 1991, Ms. Richman was transferred to the Metcalf store and was promoted to a full-time sales position. She accepted this transfer and promotion even though she knew she would have to spend more time around Mr. Shine because it had a greater earning potential. While working at the Metcalf store, Ms. Richman saw Mr. Shine more and, as a result, was sexually harassed by him more. Mr. Shine constantly made sexual comments to her about her attire, about other women’s attire, asked about her sex life, asked whether she would keep her mouth shut if they had an affair, looked at her in a sexual manner, rubbed himself against her in a sexual manner , and referred to her as a “player.” Ms. Richman believes a “player” is someone who plays along with Mr. Shine’s sexual harassment. Ms. Richman stated that she never encouraged Mr. Shine’s conduct and that she was afraid to complain about his conduct because she perceived him as having power over her employment and because she believed he would find out about her complaint and retaliate. Ms. Richman could not afford to lose her job at Krigel’s because it was her sole income and because she was living paycheck to paycheck. As a result of Mr. Shine’s conduct and perceived power, Ms. Richman’s job performance was adversely affected because she was nervous and jumpy whenever Mr. Shine was around, which was quite often. On or about July 9,1991, Ms. Richman was transferred back to the Bannister store and demoted to an office position. She believes that her transfer/demotion was Mr. Shine’s way of punishing her for not being a “player.” Mr. Shine continued to harass her while she worked at the Bannister store. As a result of Mr. Shine’s constant harassment, Ms. Richman gave two weeks’ notice to Kri-gel’s on August 26, 1991, and began looking for other employment. On September 13, 1991, she heard that Mr. Shine was terminated. On September 14, 1991, her last day at Krigel’s, Scott Krigel called her at the Bannister store and informed her that Mr. Shine had been terminated and asked her what sexual statements Mr. Shine made to her. Because the store was busy, Ms. Richman only told Scott Krigel the basics of Mr. Shine’s conduct. After leaving Krigel’s, she filed a charge of sexual harassment with the EEOC in January of 1992. Immediately after leaving Krigel’s, Ms. Richman went to work for Express as a co-manager of a store. Between November of 1991 until the beginning of 1993, Ms. Rich-man was transferred to various sales and manager positions within the Express family of stores and worked as a salesperson for Danka Business Systems. Around the end of 1992, she began working several part time jobs. Around April of 1994, she moved to Wichita and began working full time for Structure as a co-manager of the store. Around November of 1994, she moved to Topeka with her fiance and began waiting tables at Applebee’s. Around April of 1995, she began working full time for Enterprise Car Rental. Ms. Richman testified that she has been a successful salesperson at all of her subsequent sales positions and that she believes that she would have been a successful jewelry salesperson had she not been sexually harassed and constructively discharged and been given more time to prove herself. C. Mr. Harrison Mr. Harrison alleges that he was sexually harassed by Mr. Shine and Mr. Ward while he was an employee of one of the defendants and his harassers held supervisory power over him. Mr. Harrison offered the following testimony in support of his claim. Mr. Harrison was interviewed by Mr. Shine at Krigel’s, Inc. around January 14, 1991. Mr. Shine mentioned that Krigel’s was expanding soon and that Mr. Harrison would have the opportunity to manage a store in three months. When he returned home Mr. Shine had already left a message on his answering machine offering him a sales position. Mr. Harrison rejected that offer and made a counteroffer which was accepted by Mr. Shine. Before and while Mr. Harrison was employed at Krigel’s he was never given an employee handbook and was never informed that Krigel’s had a sexual harassment or an ' “open door” policy. Mr. Shine informed Mr. Harrison that he was sending him to the Metcalf store. On March 24, 1991, Mr. Harrison was transferred to the Oak Park store and promoted to sales manager. On May 28, 1991, Mr. Harrison was transferred to the Bannister store and was demoted to sales associate. On September 1, 1991, Mr. Harrison was transferred back to the Metcalf store and was promoted to assistant store manager. Mr. Harrison testified that while he worked for Krigel’s, Mr. Shine constantly made rude, crude, bigoted, and sexual comments directed toward himself, his co-workers, and customers and that he saw Mr. Shine deliberately rub up against female employees in a sexual manner. He further testified that Mr. Shine had a violent temper and would often violently blow up at the Metcalf store. Both Wendy Gilbert, a coworker, and Ms. Fuller complained to Mr. Harrison about being sexually harassed by Mr. Shine. Mr. Harrison left the Metcalf store when he discovered that Mr. Shine was stealing his commissions. Richard Krigel, Scott Krigel’s father and then an officer of the company, called Mr. Harrison and asked him why he left. After Richard Krigel heard Mr. Harrison’s version of what transpired, he asked him to meet with Mr. Ward. Before Mr. Harrison met with Mr. Ward, he complained to his store manager, Gary Pener, about Mr. Shine’s conduct toward Ms. Fuller and Ms. Gilbert. Mr. Harrison met with Mr. Ward and described the facts surrounding Mr. Shine’s sexual harassment and theft. Scott Krigel contacted Mr. Harrison after his meeting with Mr. Ward and informed him that Mr. Shine had been terminated and asked him to return to work on the condition that he not discuss the Shine incident, to which he agreed. Subsequent to his return to Krigel’s, Mr. Ward, who was now the vice president of operations, asked Mr. Harrison whether he was having sexual relations with his co-workers and accused him of discussing the Shine incident. At the beginning of December of 1991, Mr. Harrison gave notice of his resignation and stated he was going to work through the Christmas season. On December 9, 1991, Scott Krigel and Ed Clancy accepted his resignation early. While at Krigel’s, Mr. Harrison was consistently one of the top ten salespersons. Mr. Harrison testified that he never encouraged Mr. Shine’s conduct and attempted to ignore him whenever Mr. Shine’s comments were sexual in nature. He filed a charge of sexual harassment and retaliation with the EEOC in January of 1992. After leaving Krigel’s, Mr. Harrison was unable to find employment until July of 1995, when he was hired for a non-sales position at Mr. Tux, a tuxedo rental store. Mr. Harrison believes that his employment difficulties stem from the fact that Krigel’s refused to give him a recommendation and on at least one occasion told a prospective employer not to hire him. He believes he would have been an even more successful salesman and would have progressed in management had he not been sexually harassed and discharged in retaliation for complaining about his and the other plaintiffs’ sexual harassment. D. Ms. Fuller Ms. Fuller alleges that she was sexually harassed by Mr. Shine and Mr. Gross while she was an employee of one of the defendants and her harassers held supervisory power over her. Ms. Fuller offered the following testimony in support of her claim. Ms. Fuller was interviewed by Mr. Shine and John Hepting at defendant Krigel’s of Met-calf South, Inc. in June of 1990. Mr. Shine called her at her then current job as a Dil-lards’ salesperson a few days later to offer her a sales position. Ms. Fuller accepted the position because she felt she had a better opportunity to get into management at Kri-gel’s than at Dillards. Before and while Ms. Fuller was employed at Krigel’s she was never given an employee handbook and was never informed that Krigel’s had a sexual harassment or an “open door” policy. Ms. Fuller began working at the Metcalf store immediately. She was soon told that she was selling well and that she could reach the management level soon if she kept up her efforts. On June 2, 1991, Ms. Fuller was promoted by Mr. Shine to sales manager of the Metcalf store because she was “doing well.” Mr. Shine indicated that he, without input from anyone else, had made the decision to promote her. As the sales manager, Ms. Fuller’s responsibilities included closing the store, balancing the merchandise and the money, and physically locking the store. By this point in her career, Ms. Fuller had developed her own client base with which she kept in contact. Mr. Shine and Mr. Gross immediately began sexually harassing her. Mr. Gross, who worked at a different store, would harass her over the phone during business hours. Mr. Gross would identify himself as “Vinny” and describe his penis and tell her that he could sexually satisfy her. Ms. Fuller never en-eouraged or welcomed Mr. Gross’ conduct. She reported Mr. Gross’ conduct to Mr. Brian Fuller and Mr. Shine. Mr. Shine responded by saying that is just how Vinny is. Mr. Shine’s dirty jokes and sexual innuendos were common on the sales floor during business hours. Ms. Fuller never encouraged or welcomed Mr. Shine’s conduct. By August of 1990, Mr. Shine began to focus his constant sexual attention toward Ms. Fuller. Mr. Shine would compel her to go to the foodeourt with him so he could ask her personal questions of a sexual nature. On one occasion at the foodeourt, Mr. Shine told Ms. Fuller that she was acting upset. She told Mr. Shine that she and her boyfriend were not getting along. He said that her problem was that she was not getting enough sex and that he knew how to take care of her “problem.” Mr. Shine also enjoyed describing, in graphic detail, how he wanted to perform oral or anal sex with Ms. Fuller and discussed with her what he called a “Golden Shower.” He also enjoyed deliberately rubbing up against Ms. Fuller in a sexual manner even while she was with a customer. After taking time to compose herself, Ms. Fuller would tell. Mr. Shine that she found his comments and conduct offensive. Mr. Shine responded that she liked it and she knew it. On numerous occasions, Mr. Shine asked Ms. Fuller to go on a business trip to St. Louis with him for the purpose of having sex. Ms. Fuller reported Mr. Shine’s conduct to Brian Fuller, the assistant store manager of the Metcalf store, and Mr. Hepting, who told her not to make Mr. Shine mad because he would retaliate against her and everybody else. Mri Shine’s sexual harassment culminated in August of 1991 when Ms. Fuller broke her key off in the lock while trying to close the store. She called Mr. Shine who quickly arrived and ordered everybody except Ms. Fuller to leave. Mr. Shine sexually assaulted Ms. Fuller in the store while they waited for the locksmith to arrive. While he was molesting her, Ms. Fuller bit Mr. Shine’s lip in her attempt to fight him off. Later that night, Ms. Fuller was so upset that she vomited. After regaining her composure, she contacted Mr. Harrison and Mr. Fuller and told them what happened. Mr. Harrison said he did not know what she should do and Mr. Fuller told her not to do anything because Mr. Shine would retaliate against her. The next morning:, Ms. Fuller reported the incident to her store manager, Mr. Hepting, and told him that she would not speak to Mr. Shine. Mr. Shine apologized to Ms. Fuller the next day. A few days after the “key” incident, Ms. Fuller gave Mr. Hepting her two weeks’ notice. She told Mr. Hepting that she could not work at Krigel’s anymore because of Mr. Shine’s constant sexual harassment. Due to an illness, Ms'. Fuller was unable to work' the August sale. No one from Krigel’s corporate headquarters ever called Ms. Fuller to ask her about her resignation. Ms. Fuller filed a charge of sexual harassment and constructive discharge with the EEOC in January of 1992. After leaving. Krigel’s, Ms. Fuller took a serving position at the Long Branch Saloon. She began doing part time temporary work through the Linde Group. She eventually got a full-time, non-sales position with Cellular One as a receptionist. She was promoted and became an hourly employee in 1993. Ms. Fuller currently holds the same position and has been the recipient of several awards, including trips to Hawaii and Cancún, Mexico. E. Other Plaintiffs’ Witnesses 1.Wendy Gilbert Ms. Gilbert testified that in the summer and early fall of 1991 she was sexually harassed by Mr. Shine and that she was subjected to a hostile work environment due to Mr. Shine’s harassing conduct while she was employed at Krigel’s of Metcalf South. She gave two examples of Mr. Shine’s physical harassment. First, she testified that Mr. Shine lifted her skirt up to her thigh without her permission. Second, Mr. Shine backed her into a file cabinet and asked her whether she was intimidated, to which she responded yes. Ms. Gilbert also testified that Mr. Shine asked her to have sex with him and asked if she was going to have a “quickie” with her boyfriend. She reported Mr. Shine’s conduct to Mr. Fuller, who said he could not do anything because Mr. Shine was his boss. She then reported Mr. Shine’s conduct to Mr. Harrison, who said he would talk to Scott Krigel. 2.Ed Clancy Mr. Clancy testified that he is currently the vice, president of finance for Krigel’s, Inc. and that he held this position in 1991. He further testified about the structure of Kri-gel’s, Inc. and the Krigel’s jewelry stores. Krigel’s, Inc., which is wholly owned by the Krigel family, manages and owns 100% of all the Krigel’s jewelry stores, which are separate corporations. A customer could use a Krigel’s charge card obtained at one store at any of the Krigel’s stores. All the Krigel’s stores use common advertising, jointly borrow money, have a joint payroll, have a common wage and fringe benefits program, and have a single personnel department located at Krigel’s, Inc., otherwise known as Krigel’s corporate headquarters. 3.Scott Kriyel Scott Krigel testified that he is currently the president of Krigel’s, Inc. and the Kri-gel’s stores, and that he held a position of similar power in 1991. Mr. Krigel stated that he was involved in the hiring process although he did not interview every prospective employee. He did state that any termination of any employee and any promotion involving a managerial position was his decision. He admitted that Krigel’s had no written sexual harassment policy during the period of the alleged sexual harassment. He also admitted that Krigel’s had no employee handbook or written “open-door” policy although he believes that the “open-door” policy was widely known and utilized. He further testified that he terminated Mr. Shine when he discovered that he was stealing from the company, that he briefly discussed on the telephone with Ms. Richman why she was leaving, and that he was unaware of any other allegations of sexual harassment until he saw the plaintiffs EEOC filings. 4. Karen Green Karen Green testified that she has been Krigel’s vice president of merchandizing since the middle of 1991 and that her responsibilities include purchasing of inventory for all the stores, hiring prospective employees, and terminating employees. She admitted that she was not aware that the Krigel’s standard employment agreement states that Krigel’s, Inc. is the employer, not the individual stores. She further testified that she is on the same power level as Mr. Shine and that she, as well as Mr. Shine, had the power to fire employees. 5. Brian Fuller Brian Fuller was the assistant store manager at the Metcalf store during the alleged sexual harassment. Although Mr. Fuller did not see Mr. Shine harass Ms. Fuller or any other plaintiff, he did hear Mr. Shine make lewd sexual comments. He testified that Ms. Fuller complained to him about Mr. Shine’s conduct. He told Mr. Hepting what Ms. Fuller told him. Mr. Hepting did .not respond. In his signed EEOC affidavit, Mr. Fuller stated that he did not “speak” to Mr. Hepting about Ms. Fuller’s problem with Mr. Shine. Mr. Fuller testified that he meant he never filed a formal written complaint with Mr. Hepting when he used the term “speak” in his EEOC affidavit. Mr. Fuller did not report Ms. Fuller’s problem to anyone above Mr. Hepting because he was physically and emotionally intimidated by Mr. Shine and because he was afraid of losing his job. Mr. Fuller was terminated in June of 1992 by Scott Krigel and Ed Clancy because of his low sales production and because “sometimes people just do not work out.” V. Defendant’s Evidence A. Robert Ward Robert Ward was employed at Krigel’s from November of 1990 to June of 1995 when he took a better paying position in Texas. He offered the following testimony on the defendants’ behalf. On September 7, 1991, Mr. Harrison complained to him about Mr. Shine stealing commissions and sexually harassing some of the female employees. Mr. Ward called Richard Krigel, Scott Krigel’s father, because Scott Krigel was out of town and informed him of Mr. Harrison’s complaint. Shortly thereafter, Mr. Shine was terminated and Mr. Ward became vice president of operations. His first act as vice president was to investigate a sexual harassment allegation by Denise Scalco, an employee at the Metcalf store, against Mr. Harrison. Mr. Ward transferred Ms. Scalco to the Mission Center store to get her away from Mr. Harrison. On December 1, 1991, Mr. Harrison called Mr. Ward complaining about his store manager and threatening to quit. Mr. Ward told Mr. Harrison to call Scott Krigel. Mr. Harrison called Mr. Ward and told him that he would stay through Christmas Eve. B. Robert Shine Robert Shine worked for Krigel’s from 1975 to September of 1991, when he was terminated because he was stealing from the company. He testified that he did not remember making or directing any inappropriate remarks toward any of the plaintiffs. He testified that he had crude, two-way conversations with Mr. Harrison because that is the way Mr. Harrison talked and acted. He stated that he does not believe that his behavior was ever inappropriate, but did admit that his conduct with Ms. Fuller was morally wrong. Mr. Shine testified that in the fall of 1990 Ms. Fuller and he began a welcome “sexual talk” relationship similar to phone sex. Their first “sexual talk” encounter occurred when he took Ms. Fuller down to the foodcourt because he wanted to ask what was bothering her in private. She told him that she was having problems with her boyfriend. Specifically, her boyfriend was hurting her during sex because his penis was so large. Mr. Shine stated that Ms. Fuller never indicated that she did not want to participate in these “sexual talks” and that he regretted that it got out of control on the night of the “key” incident. Mr. Shine’s version of the “key” incident is as follows: Ms. Fuller called him after breaking her key in the lock; he initiated a sexual conversation which led to kissing; Ms. Fuller lifted up her blouse and he took off her bra; Ms. Fuller grabbed his crotch. The incident ended when Mr. Shine stopped.. Mr. Shine apologized to Ms. Fuller the next day and told her that they had to stop their “sexual talks.” They never engaged in sexual talks again. Mr. Shine admitted that he had stolen from Krigel’s and that he was asked to leave. He is currently working for a family owned jewelry business in Denver. C. Scott Krigel Scott Krigel testified about firing Mr. Shine, about his contacts with the plaintiffs and about his knowledge concerning the alleged sexual harassment. He stated that he was unaware of Mr. Shine’s sexual conduct when he fired him and that he fired Mr. Shine for the sole reason that he was stealing from the company. When he learned of Mr. Shine’s sexual conduct, he called Ms. Rieh-man to ask her about it. Ms. Riehman did not give him many details and he did not pursue it further. Scott Krigel learned of the EEOC filings in January of 1992. Mr. Shine was the only alleged harasser mentioned by name in the EEOC filings. Upon learning of the sexual harassment allegations in the EEOC filings, Scott Krigel immediately hired his brother’s law firm as counsel to investigate. He did not learn of the sexual harassment allegations against Mr. Ward, Mr. Stein, and Mr. Gross until the plaintiffs filed their lawsuit. Scott Krigel does not believe that the Kri-gel’s employees perceived Mr. Shine as having the power to fire or transfer them. He also does not believe that Mr. Shine’s conduct constituted sexual harassment. Scott Krigel also testified that he never promised Mr. Harrison that he would become a manager of a store within three months. He stated that Mr. Harrison could not have become a manager because he lacked the people skills and because he could not control himself. He stated that Mr. Harrison had quit three times during his Krigel’s employment. Scott Krigel accepted Mr. Harrison’s third resignation early because Mr. Harrison was telling everyone that he was not going to stay until Christmas Eve like he promised. Scott Krigel took Mr. Clancy with him when he accepted Mr. Harrison’s, resignation because he was not sure what Mr. Harrison would do. Scott Krigel also discussed the sales abilities of Ms. Fuller, Ms. Eichenwald, and Ms. Riehman. He stated that Ms. Fuller’s sales had fallen dramatically after she was promoted to sales manager. He stated that Ms. Riehman was given a chance at sales, she was not successful, and was subsequently returned to her office position. He also stated that Ms. Eichenwald’s sales were sub-average at best. He further stated that he did not understand why Ms. Eichenwald did not tell him about being sexually harassed when she was working at the corporate headquarters with him. He believes that Ms. Eichenwald knew about the “open-door” policy and that she should not have been afraid to use it due to their previous personal relationship. D. Susan Krigel Susan Krigel, the wife of Scott Krigel, testified that she had a fairly close relationship with Ms. Eichenwald because Ms. Ei-ehenwald baby-sat for her ldds. She further testified that she did not recall Ms. Eichen-wald ever mentioning Mr. Stein’s comments about her chest. If Ms. Eichenwald had mentioned such comments, Susan Krigel stated that she would have confronted Mr. Stein immediately because she thought of Ms. Eichenwald almost as a niece. E. Denise Scalco Wheeler Ms. Wheeler worked at the Metcalf store from May of 1991 to September of 1991 when she was transferred to the Mission Center store upon her request. While working at the Metcalf store, she dated her assistant manager, Mr. Harrison. Ms. Wheeler testified about three incidents involving Mr. Harrison and Ms. Fuller. First, she stated that in July of 1991 she was at the Long Branch Saloon with Mr. Harrison and Ms. Fuller when they discussed how they were going to get rid of Mr. Hepting so they could get into management positions at the Metcalf store. Ms. Fuller boasted that she could get Mr. Shine to put them in the management positions because she knew how to get what she wanted from him. Second, she stated that she offered to stay with Ms. Fuller and Mr. Shine on the night of the “key” incident, but Ms. Fuller told her to go home. Third, in late August, Ms. Wheeler stated that Ms. Fuller tricked her into meeting Mr. Harrison at Tanners, a bar, after she had broken up with him. Ms. Fuller- immediately left her alone with Mr. Harrison. Her purse was in Ms. Fuller’s car and, therefore, she could not leave. Mr. Harrison drove Ms. Wheeler home.' Outside her house, Mr. Harrison became verbally abusive. After that night, Mr. Harrison tried to get Ms. Wheeler fired. Ms. Wheeler informed her superiors that she was quitting. Karen Green set up a meeting with Ms. Wheeler to discuss her reasons for quitting. During their meeting Ms. Wheeler complained about being sexually harassed by Mr. Harrison. Ms. Green apologized and told Ms. Wheeler that if she would stay, she would arrange a transfer to the Mission Center store. Ms. Wheeler agreed and still works for Krigel’s. F. Ed Clancy Mr. Clancy, Krigel’s vice president of finance, testified about the Krigel’s compensation plan which went into effect September 1, 1992, and estimated what he thought the plaintiffs would have made under the then new system. Krigel’s employees make a percentage of whatever they sell. Under the old system, a salesperson’s yearly salary was 8% of what he or she sold plus any bonuses for meeting a sales goal. Each week every salesperson received a draw against 8% of his or her estimated sales for that year. That usually amounted to a salary between $250 and $350 per week plus 3% of the person’s sales. Under the new pay plan, which took effect on September 1, 1991, the annual percentage rate was increased from 8% to 8.88%. The principal difference between the old and new plans, however, was that the new plan looked at the salesperson’s previous three months to determine what his or her estimated yearly sales were going to be. Mr. Clancy developed a system that indicated how much a salesperson should sell in each particular month by looking at previous store performances. For instance, a salesperson sold more jewelry in August and December than in March. Mr. Clancy’s system weighted August and December more because the salesperson sold more in those months. Mr. Clancy testified that Ms. Richman worked as a salesperson for 42 days, during which her total sales were $5806. Mr. Clancy believes that Ms. Richman’s total sales number is low. Under Krigel’s new compensation system, Mr. Clancy estimates that Ms. Richman would have sold about $52,000 worth of merchandise that year, which would put her at the lowest compensation level. He further testified that good salespeople are good immediately and that salespeople do not improve much over time. He also stated that it is very rare for an office person to become a salesperson. When it is done, the person is usually given a “couple month” trial period. Mr. Clancy testified that he was present when Scott Krigel accepted Mr. Harrison’s resignation early. Mr. Harrison responded that he understood and that he would have done the same thing had he been in their shoes. Mr. Clancy also prepared two charts indicating how Ms. Eichenwald and Ms. Fuller would have been compensated under Krigel’s new compensation system. Based upon Ms. Eichenwald’s 1990 sales figures, Mr. Clancy stated that her compensation would have gone down under the new system. Based upon Ms. Fuller’s 1990 and 1991 sales figures, Mr. Clancy also stated that her compensation would have gone down under the new system. G. Cross Examination of Plaintiffs 1.Ms. Eichenwald Ms. Eichenwald testified that she. made more money when she was in a non-sales position at Krigel’s corporate headquarters. She also admitted that she had a close enough relationship with Susan Krigel that she borrowed her Halloween costume on at least one occasion. Ms. Eichenwald also admitted that she was not successful as a salesperson for National Cable and that she does not know much she would have sold or been compensated under Krigel’s new compensation system. She stated that she is making $26,000 plus commissions at her current job. 2.Ms. Richman Ms. Richman admitted that in December, 1994, she turned down a sales job with Lewis Toyota in Topeka, which could potentially have paid pay her $30,000 per year because it was purely based on commissions and because she would have had to work long hours. She also admitted that she chose to take a job as a server at a Topeka restaurant instead of a job with a Topeka Express store which paid $19,500, which is more than she ever made while working at Krigel’s. Ms. Richman stated that she did not understand Krigel’s compensation system and that she did not know whether her Krigel’s performance was good or how much she would have sold in 1992, 1993, and 1994 under Krigel’s new compensation system had she remained at Krigel’s. Ms. Richman further admitted that she never complained to anyone about being sexually harassed and that she had a sexual relationship with Mr. Harrison while she worked at Krigel’s. She eventually met with the other plaintiffs and discussed filing an EEOC complaint. 3.Mr. Harrison Mr. Harrison admitted that he had casual sexual relations with Ms. Gilbert and Ms. Richman, that he took a gun into a Krigel’s store on one occasion, and that he has come to work hung-over a few times. Mr. Ham-son denied that he quit three or four times. He claims that his employment record and his EEOC affidavit are incorrect. Mr. Harrison also stated that he has owned a tanning salon, a clothing store, and a small residential rental property, but has not made an attempt to go into business for himself since leaving Krigel’s. Mr. Harrison admitted that he has been supported by his mother in the past. He also admitted that, although he could not afford tuition to go back to school, his mother gave him money to buy a new car. Mr. Harrison stated he has made only one attempt to find work outside of his home area in Arkansas. 4.Ms. Fuller Ms. Fuller stated that she was disappointed that Brian Fuller did not report Mr. Shine’s conduct to someone higher than Mr. Hepting like she asked him to do. She admitted that she never reported Mr. Gross’ conduct and that Mr. Gross never held a position of authority over her. She stated that Krigel’s new compensation plan upset her. Ms. Fuller testified that she could have returned to Krigel’s and asked for her job back after she heard Mr. Shine was terminated, but she chose not to. She admitted that she did not know how much she would have sold or what her compensation would have been under Krigel’s new compensation plan, but she believes she would have sold better had she not been sexually harassed. Ms. Fuller also admitted that her future husband, Brian Fuller, was. involved in the decision to promote her to sales manager. Ms. Fuller also stated that she has a 401(k) retirement plan, better medical benefits, works ten fewer hours per week, and has unlimited local use of a cellular phone at her new job. Ms. Fuller won two trips, which are valued at over $5,000, for being a good employee. She also admitted that she turned down a potentially higher paying sales job at her company. VI. The Court’s Credibility Determinations The court finds Ms. Eichenwald to be a credible witness. Her testimony and demeanor convinces the court that she is telling the truth and that she was subjected to unwelcome sexual harassment by Mr. Stein, Mr. Shine and Mr. Gross. The court is persuaded that Ms. Eichenwald did not complain to anyone in Erigel’s management because she was embarrassed and intimidated by her harassers. Moreover, Ms.' Eichen-wald was nineteen years old when she was sexually harassed by Mr. Stein and twenty-One when she was sexually harassed by Mr. Shine and Mr. Gross. Her age and relative inexperience in the workforce are also factors that lend credence to her version of events despite the lack of protest by her. The court finds Ms. Richman to be a credible witness. Her testimony and demeanor convinces the court that she is telling the truth and that she was subjected to unwelcome sexual harassment by Mr. Shine. The fact that she never complained about Mr. Shine’s conduct does not persuade the court that Mr. Shine’s conduct was welcomed. The court believes that Ms. Richman legitimately felt that she would lose her job if she crossed Mr. Shine, whom she clearly believed held supervisory authority over her. The fact that Ms. Richman had a telephone conversation with Scott Krigel concerning Mr. Shine and did not go into the details about being sexually harassed by him does not convince the court that Mr. Shine’s conduct was welcome or that she is not a credible witness. Her conversation with Scott Krigel occurred at the end of her employment at Krigel’s. Clearly, Ms. Richman was fed up with Kri-gel’s and it is not unreasonable for her to have refrained from elaborating on the abusive behavior of Mr. Shine. The court finds Mr. Harrison not to be a credible witness. His demeanor, obvious volatility and self serving behavior all belie his tale of sexual harassment and retaliation. The court believes that he was a willing participant in Mr. Shine’s sexual talks and that he encouraged them. The court concludes that Mr. Harrison is more probably using this suit as a vehicle to strike back at Krigel’s for failing to promote him to store manager than that he has a bona fide complaint about the defendants’ sexual related conduct toward him or about retaliation for any opposition to the treatment of the other plaintiffs. Mr. Harrison was clearly not subjected to unwelcome sexual harassment or a hostile work environment based on his sex. Mr. Harrisón thrived under Mr. Shine’s regime ' until he realized that Mr. Shine was stealing commissions from him. The court does not believe that upon learning that Mr. Shine was stealing from him, Mr. Harrison suddenly developed the courage to stand up to him about the sexual harassment. When he took a stand against Mr. Shine, Mr. Harrison’s main concern was his wallet. Despite some misgivings, the court finds Ms. Fuller generally tó be a credible witness. Ms. Fuller is closely tied to two people the court finds not to be totally credible, Brian Fuller and Mr. Harrison. However, the nature of her testimony (which is largely undisputed by Mr. Shine concerning many of the more sordid details) and her demeanor while testifying, convinces the court that she is telling the truth that she was subjected to unwelcome sexual harassment by Mr. Shine and Mr. Gross. Mr. Shine admits that he took Ms. Fuller out of the store on numerous .occasions in order to engage her in explicit and lewd sexual talks. Ms. Fuller legitimately felt she would imperil her job if she crossed Mr. Shine. Moreover, when she complained to Mr. Shine about Mr. Gross’ conduct, Mr. Shine condoned his conduct and basically told her to make the best of it. The court believes that is exactly what she tried to do in the entirety of this matter. It perhaps explains why she may have stated in front of Ms. Wheeler that she could get Mr. Shine to do what she wanted. Ms. Fuller may have believed that she should try to reap some benefit from a bad situation. Toleration does not equal welcoming, however. The court believes that, although Ms. Fuller did not welcome participating in Mr. Shine’s sexual talks, she did so to protect her livelihood. It is significant that Ms. Fuller ended her employment at Krigel’s shortly after Mr. Shine forcibly tried to take their relationship to a physical level. She had finally reached her limit. VII. Liability A. Findings of Facts 1. Plaintiff 'Helene Eichenwald, a twenty six year old female, was employed part-time by defendant Krigel’s of Bannister Mall, Inc. from July 2, 1987 to July 30, 1988 and full time at defendant Krigel’s of Mission Center, Inc. from October 31, 1990 to January 1, 1991; defendant Krigel’s of Bannister Mall,' Inc. from January 1, 1991 to January 27 of 1991; defendant Krigel’s, Inc. from January 27, 1991 to May 28, 1991; and defendant Krigel’s of Bannister Mall, Inc. from May 28, 1991 to July 2, 1991. 2. As detailed in Section IV A, above, Mr. Stein, Ms. Eichenwald’s supervisor, sexually harassed Ms. Eichenwald while she was employed as a part-time salesperson at defendant Krigel’s of Bannister Mall, Inc. 3. After leaving defendant Krigel’s of Bannister Mall, Inc. in 1988, Ms. Eichenwald mentioned Mr. Stem’s conduct to Susan Kri-gel, the wife Scott Krigel. It is apparent that Susan Krigel shared this information with her husband. 4. As detailed in Section IV A, above, Mr. Shine, Ms. Eichenwald’s supervisor, sexually harassed Ms. Eichenwald while she was employed as a full-time salesperson at defendant Krigel’s of Mission Center, Inc. 5. Mr. Shine transferred Ms. Eichenwald to defendant Krigel’s of Bannister Mall, Inc. Ms. Eichenwald contacted Scott Krigel and informed him that she knew Mr. Stein still worked at the Bannister store and that she did not want to work there if he was her supervisor. Scott Krigel admitted he was aware of Mr. Stem’s 1988 conduct and that Mr. Stein was still employed at the Bannister store but was no longer in a supervisory position. Ms. Eichenwald agreed to work at the Bannister store. 6. Ms. Eichenwald understood the term “player”, as used by Mr. Shine and Mr. Gross, to mean someone who is willing to play along with Mr. Shine’s sexual harassment. 7. On .January 27, 1991, Ms. Eichenwald was transferred to the corporate headquarters of Krigel’s (defendant Krigel’s, Inc.) to work with Scott Krigel on a special project. While working there, James Gross sexually harassed Ms. Eichenwald in person and over the phone. This sexual harassment was unwelcome. Mr. Gross made several lewd sexual statements to her, did a sexually explicit “Vinny” routine, and told Ms. Eichenwald that Mr. Shine said she was a “player.” 8. As detailed in Section IV A, above, Mr. Shine sexually harassed Ms. Eichenwald while she was working at Krigel’s corporate headquarters. This sexual harassment was unwelcome. Ms. Eichenwald did not report Mr. Shine’s or Mr. Gross’ conduct to Scott, Susan, Peggy, or Richard Krigel because she was afraid of the wrath of her harassers, especially Mr. Shine, which was confirmed by his manner of handling a customer complaint. 9. On May 28, 1991, Ms. Eiehenwald was transferred back to the Bannister store where she held a sales associate position. As detailed in Section IV A, above, Mr. Shine continued to harass her when he was at the Bannister store, which was more than once a week. This sexual harassment was unwelcome. Ms. Eiehenwald complained to Gary Pener, the manager of the Bannister store, about Mr. Shine’s conduct. Mr. Shine asked if he could give her home phone number to his rich customer whom she had helped on one occasion. When Ms. Eiehenwald refused, Mr. Shine informed her that she was being transferred to the Independence Center store. This transfer was seen by Ms. Eiehenwald as a demotion because the Independence store is farther from her house and because it has a lower volume of sales, which means less potential for commissions. She also saw it as being punishment for her unwillingness to accede to his telephone number request. Whether her perception was correct or not, it was consistent with Mr. Shine’s oppressive conduct and further exacerbated the hostile working environment. Ms. Eiehenwald was so upset about the transfer that she could not leave her residence for four days. Ms. Eiehenwald could not contact Scott Krigel during those four days because he was out of town at the time. She went to the Independence Center store for one day and decided to leave Krigel’s instead of accepting Mr. Shine’s transfer/demotion. When Ms. Eiehenwald did reach Scott Krigel, he told her that he knew the whol