Reference no: EM131006843

A woman was hired as parks maintenance foreperson. She was the first female to occupy this position. Other employees questioned her com- petence and decisions on a daily basis, were insubordinate, called her names such as "bitch," spread rumors about her relationships with other employees and alleged sexual promiscuity, made daily comments about her appearance and clothing, slipped a note addressed to "superbitch" under her door, keyed her personal and work vehicles, and evaluated her more harshly than other probationary employees. Following her complaint to city officials, the woman had her door glued shut on three occasions, had her shift changed, and faced numerous allegations of wrongdoing. The city's HR department handled her complaint and concluded that she was a victim of harassment. The HR department held a two-hour training session on the harassment and discrimination policy for Parks Department em- ployees, had numerous meetings with supervisors and employees about the city's policy, provided personal counseling and other assistance to the woman, transferred an employee, disciplined a manager and two supervisors, and terminated a seasonal employee. However, the HR department concluded that "despite all of these actions, se- lected supervisory personnel and hourly em- ployees are increasingly directing harassing comments and initiating extremely negative ru- mors towards [the woman]." The woman sues. What should the court decide? Why? (Nievaard v. City of Ann Arbor, 2005 U.S. App. LEXIS 3690 (6th Cir.))