2/10/2024 0 Comments Rita lynn havnerBecause of the continued harassment and retaliation, Baker filed an amended complaint with the ICRC on June 22, 2000, specifying events that had occurred since her Janucomplaint.īaker's complaint alleged only violations of Title VII and did not include claims premised on violations of the Iowa Civil Rights Act. Baker told Brown she felt discriminated against and Brown told her to "shut up and not worry about it, it wasn't business what they were doing." Baker told Joyce she believed Brown was retaliating against her, but he said it was not retaliation. Brown also gave male employees breaks whenever they asked and allowed them additional privileges. When Baker complained, Brown told her to "shut the fuck up." Joyce looked into the problem but Baker was still not given any help. ![]() In contrast, another scale operator, a male, got a helper and so did the night scale operator. Previously, Baker had been assigned a helper, but when she returned from a vacation she was no longer provided any help. Brown refused to allow her a second person to help with the meta tenderloin product which required a label and a lid to be put on the box behind the scale operator. Later, Brown told Baker, " he was sick of my shit and tired of me complaining." Brown also said Joyce was tired of it and did not want to see her. Finally, Baker told Joyce, " or the record, I want it known that in the past two months, I made 15 complaints against Eight-Ball and Murphy." At trial, Joyce testified neither Baker or Busch told him anything that raised "red flags" about sexual harassment. Baker told Joyce her doctor was not going to release her to return to work for two more weeks. She also told Joyce about other women who called her about what Eichmann had done to them. Baker stated she had problems with Eichmann and Murphy every day and she had reported those problems to union representatives, and to Brown and Mitchell. Baker told him she did not go to him on December 29 because of his inability or unwillingness to help her previously. Joyce interviewed Baker on January 17, 2000, and Baker reminded him of his previous "hard-on" comment. Busch told Joyce about the harassment he had observed, including offensive name calling, backwards and sideways boxes, and Baker's refusal to go out with Murphy. On January 12, 2000, Joyce, who was not yet aware of the ICRC complaint, interviewed Busch about what caused Baker to leave the plant. On January 10, 2000, Baker drafted an Iowa Civil Rights Commission (ICRC) complaint detailing the sexual harassment. Morrell sent a letter confirming her termination on January 5, 2000. On December 30, 1999, the union told Baker that Morrell fired her for abandoning her job the previous day. Baker's new supervisor allowed Baker to use the bathroom when she asked. Ridge continued to deny Baker access to the bathroom until the beginning of 1998 when Ridge transferred to the maintenance department. ![]() For example, in March 1997, Baker told Ridge she had to use the bathroom and Ridge got onto the conveyer belt in front of Eichmann and Baker and rode it with his legs crossed to Baker's scale. Baker's medical problems, however, had became common knowledge among her co-workers by then and the bathroom issue was never fully resolved. Baker testified when she asked to use the bathroom Eichmann would say, "I gotta pee, I gotta pee," and Ridge sometimes crossed his legs as if he "were trying to hold it." Baker again complained to Joyce and things improved briefly. ![]() In February 1997, four months after her hysterectomy, Baker was released to go back to her work with directions from her doctor to use the bathroom frequently. Baker told Joyce why she had a hysterectomy. Originally, Baker planned to pursue a non-surgical alternative, but after learning the process could take several months to a year she opted for surgery to avoid further mocking from Eichmann. In October 1996, Baker had a hysterectomy.
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