The opinion of the court was delivered by: DAVID N. HURD
United States Magistrate Judge
MEMORANDUM - DECISION and ORDER
The plaintiff, Doris A. Currie, filed her complaint in this action on April 2, 1991, pursuant to Title VII, 42 U.S.C. 2000e & c, alleging that the defendant, Marvin M. Kowalewski, sexually harassed her during the course of her employment at Unitec. In his answer filed on April 25, 1991, the defendant denied the material allegations in plaintiff's complaint.
The Court conducted a two day nonjury trial on June 15 and 16, 1992, in Utica, New York. Although the proceedings were recorded by electronic sound recording, a transcript has not been prepared for use by the Court. The Court has relied upon its notes and the submissions of the parties in preparing this decision. The plaintiff was the only witness called on her own behalf. Defendant and two employees of his company testified for the defendant.
The following is the Court's findings of fact and conclusions of law pursuant to Rule 52 of the Federal Rules of Civil Procedure.
In 1989, the plaintiff was employed by the Cintron Nursing Home, Upper Tilden Avenue, Utica, New York, as a nurses' aid. At that time, the defendant was the sole owner and operator of a company known as Unitec, located at 34 Main Street, Whitesboro, New York. The company employed approximately ten persons, and manufactured and assembled electronic score keeping equipment for sporting events.
The defendant started Unitec in 1978. He was formerly an assistant professor at Kirkland College from 1974 to 1978. He has a Ph.D. from Kent State University. The company was originally located in the basement of his home, and it grew until it moved to its present location in 1984. It now has thirteen employees. In 1989, it had twenty-two to twenty-four employees.
In July 1989, the plaintiff was hired by the defendant to supervise five assembly line employees. She had no prior supervisory experience, although she did have a high school diploma. Plaintiff was hired following a two week trial period. She started at $ 6.00 per hour and received raises to $ 6.30 per hour on August 31, 1989; $ 7.00 per hour on November 6, 1989; and $ 7.50 per hour on June 25, 1990.
Defendant testified that he hired the plaintiff because she came to him with a very good recommendation. He admits he gave her three raises during the course of her employment, despite the fact that she was having some problems with her job. His target was to get her up to $ 8.00 per hour as soon as possible.
At the trial, the plaintiff testified to the following events that occurred during that one year period.
In August 1989, during the course of a silkscreening operation, there was some casual banter between the defendant and other female employees about having his baby. He directly asked employees Jesse Piasecki and Helina Malinowski whether they would have his baby. He told them that he wanted to have a son. He also asked the plaintiff if she would have his baby. In response, she replied that she did not feel that these comments were appropriate. Approximately one month later there was a second similar type of conversation in the presence of other employees about having his baby, and she again told him that she did not appreciate this type of joking. These were the only two occasions when there was talk about having his baby. There was some other conversation about a "Unitec baby" born to Jesse Piasecki.
Approximately a month after she started working for him, the defendant began to have physical contact with her, which she described as "full body hugs." Most of the time these hugs were in the presence of other employees. Each time she would push him off and tell him to keep his hands off of her. He would explain that he did not mean anything by it, and that he was old enough to be her father. She testified that she received twenty to thirty of these full body hugs during the course of the year she worked for the defendant. Piasecki and Malinowski were present during most of these physical encounters. She reprimanded the defendant on each occasion.
On yet another occasion, in the presence of other employees, when she asked him if he needed anything else, he replied, "Yes, sex." She took this ...