Donna Mullins v. Goodyear Tire and Rubber Company ( 2008 )


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  •                NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 08a0542n.06
    Filed: September 4, 2008
    No. 07-6089
    UNITED STATES COURT OF APPEALS
    FOR THE SIXTH CIRCUIT
    DONNA MULLINS,                                          )
    )        ON APPEAL FROM THE
    Plaintiff-Appellant,                             )        UNITED STATES DISTRICT
    )        COURT FOR THE WESTERN
    v.                                       )        DISTRICT OF TENNESSEE
    )
    GOODYEAR TIRE & RUBBER CO.,                             )
    )
    Defendant-Appellee.                               )
    __________________________________________
    BEFORE: KEITH, GRIFFIN, and GIBSON, Circuit Judges.*
    GRIFFIN, Circuit Judge.
    Plaintiff sued her former employer alleging sexual harassment based on the actions of two
    coworkers. The district court ruled that the sexual harassment created a hostile work environment,
    but granted summary judgment in favor of defendant on the basis that its response to plaintiff’s
    complaint was reasonable. Because we hold that defendant’s remedial action to plaintiff’s
    complaints of sexual harassment did not constitute “indifference or unreasonableness,” we affirm.
    I.
    Plaintiff Donna Mullins was employed by defendant Goodyear Tire & Rubber Company as
    a “bead operator,” responsible for operating machinery that produces tire beads. (JA 56-57.) Her
    *
    The Honorable John R. Gibson, Senior United States Circuit Judge for the Eighth Circuit,
    sitting by designation.
    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    lawsuit against Goodyear concerns the actions of two of her former coworkers, Bill Jones and Autry
    “Red” Parker. Jones was the union-elected “lead hand” for the shift, meaning that he had some
    administrative duties but did not have supervisory authority over Mullins and her coworkers. (JA
    68, 80.) Parker was the “balance crew” employee whose job was to cover for employees who were
    on break or otherwise absent. (JA 63.) Although Mullins mentions both Jones and Parker in her
    complaint, on appeal Mullins does not argue that defendant’s remedial measures taken regarding
    Jones were legally insufficient. Rather, in her appellee brief and at oral argument, she concedes that
    her appeal is limited to defendant’s response to Parker’s actions. (Blue Br. 24 n.13.) Therefore, we
    focus solely on defendant’s remedial actions regarding Parker.
    Mullins claimed that Parker made threatening remarks and engaged in aggressive behavior.
    Parker allegedly said to her that because he had served in Vietnam, “it would be nothing for me to
    kill someone.” (JA 256.) Parker also sabotaged plaintiff’s machine on several occasions. He placed
    half-empty spools of wire on the machine, causing Mullins to have to change spools more than usual,
    and tightened a bolt on her machine to the point where the machine was inoperable until a coworker
    repaired it. She also alleged that Parker told her that “if you weren’t married, you’re a good looking
    woman, I’d give it a try.” (JA 391.)
    Mullins complained to Human Resources, who then met with Parker. Parker was told not
    to bother plaintiff and to be in the bead area only when he had work to do there. Plaintiff admits that
    after the meeting, Parker did not say anything inappropriate to her during the times that he came into
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    the bead area. (JA 107-08.) However, plaintiff reported that Parker was in her area more than he
    needed to be. (JA 390.)
    On her final day of work, plaintiff alleges that Parker drove his forklift within inches of the
    cart where she placed her beads, and stood outside the break room, partially blocking her exit. (JA
    390.) Thereafter, Mullins did not return to work, took medical leave the next day, and terminated
    her employment.
    Mullins sued Goodyear in the United States District Court for the Western District of
    Tennessee, alleging sexual harassment in violation of the Tennessee Human Rights Act, TENN . CODE
    ANN . § 4-21-101, et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.1
    The district court granted defendant’s motion on the basis that its remedial actions were reasonable.
    (JA 404.) Mullins timely appealed.
    II.
    On appeal, Mullins asserts that instead of applying the “indifference standard” from
    Blankenship v. Parke Care Centers, Inc., 
    123 F.3d 868
    (6th Cir. 1997), the district court should have
    applied the “negligence standard” of Fenton v. HiSAN, Inc., 
    174 F.3d 827
    (6th Cir. 1999). Mullins
    argues further that, regardless of whether the court uses a negligence or an indifference standard, she
    has presented sufficient evidence to submit the case to a jury.
    1
    The THRA is a state law analogue to Title VII and the statutes are analyzed identically.
    Bailey v. USF Holland, Inc., 
    526 F.3d 880
    , 885 n.1 (6th Cir. 2008) (citing Campbell v. Florida Steel
    Corp., 
    919 S.W.2d 26
    , 31 (Tenn. 1996)).
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    Mullins v. Goodyear Tire & Rubber Co.
    We review a district court’s grant of a motion for summary judgment de novo. Williamson
    v. Aetna Life Ins. Co., 
    481 F.3d 369
    , 374 (6th Cir. 2007). Summary judgment is proper “if the
    pleadings, depositions, answers to interrogatories, and admissions on file, together with the
    affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party
    is entitled to a judgment as a matter of law.” FED . R. CIV . P. 56(c). The moving party has the burden
    of proving the absence of genuine issues of material fact and its entitlement to judgment as a matter
    of law. Celotex Corp. v. Catrett, 
    477 U.S. 317
    , 323 (1986). When determining whether the
    nonmovant has met this burden, we view the evidence in the light most favorable to the nonmoving
    party. Smith Wholesale Co., Inc. v. R.J. Reynolds Tobacco Co., 
    477 F.3d 854
    , 861 (6th Cir. 2007).
    In granting defendant’s motion for summary judgment, the district court applied the test
    enumerated in Blankenship for employer liability for coworker sexual harassment. (See JA 386.)
    To prevail on such a claim, a plaintiff must prove that: “(1) she is a member of a protected class;
    (2) she was subject to unwelcomed sexual harassment; (3) the harassment was based on her sex; (4)
    the harassment unreasonably interfered with her work performance and created a hostile work
    environment; and (5) [defendant] knew or should have known of the charged sexual harassment and
    failed to implement prompt and appropriate corrective action.” 
    Id. (quotation marks
    and citation
    omitted); see also Title VII of the Civil Rights Act of 1964, § 704(a)(1), 42 U.S.C. § 2000e-2(a)(1).
    The sexual harassment in Blankenship involved a coworker, and we noted that hostile work
    environment cases make a distinction between sexual harassment caused by supervisors and sexual
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    Mullins v. Goodyear Tire & Rubber Co.
    harassment caused by coworkers.2 
    Blankenship, 123 F.3d at 872
    (citing Pierce v. Commonwealth
    Life Ins. Co., 
    40 F.3d 796
    , 803-04 (6th Cir. 1994)). When dealing with allegations of coworker
    sexual harassment, the “act of discrimination by the employer in such a case is not the harassment,
    but rather the inappropriate response to the charges of harassment.” 
    Blankenship, 123 F.3d at 873
    .
    Goodyear moved for summary judgment on the final element,3 arguing that Mullins did not
    show that it was liable for Parker’s actions. In order for an employer to be liable for a coworker’s
    sexual harassment, a plaintiff must prove that the employer both (1) knew or should have known of
    the harassment, and (2) failed to take prompt and appropriate corrective action. 
    Hafford, 183 F.3d at 513
    (citing 
    Pierce, 40 F.3d at 804
    ); EEOC v. Harbert-Yeargin, Inc., 
    266 F.3d 498
    (6th Cir. 2001).
    Thus, in Blankenship, we held the employer accountable for its own response to the complaint of
    sexual harassment:
    Once an employer is aware of and responds to charges of sexual harassment, though,
    mere negligence as to the content of the response cannot be enough to make the
    employer liable. When an employer responds with good-faith remedial action, we
    2
    The claim in Blankenship was against a coworker who “had no supervisory power” over the
    plaintiff. 
    Blankenship, 123 F.3d at 872
    . Similarly, in the present case, it is undisputed that Parker
    had no supervisory authority over Mullins. (JA 395 n.2.)
    3
    Goodyear also moved for summary judgment on the fourth element, asserting that plaintiff
    did not demonstrate that the actions were sufficiently severe or pervasive so as to alter the terms and
    conditions of her employment. (JA 391.) However, the district court refused to grant summary
    judgment on this ground, ruling that “Plaintiff has pointed to evidence in the record which would
    allow the trier of fact to find that ‘the charged sexual harassment had the effect of unreasonably
    interfering with [plaintiff’s] work performance and creating an intimidating, hostile, or offensive
    environment . . . .” (JA 392 (quoting Rabidue v. Osceola Refining Co., 
    805 F.2d 611
    , 619-20 (6th
    Cir. 1986).) On appeal, Goodyear does not contest this ruling, and therefore the issue of the fourth
    element of plaintiff’s cause of action is not before us.
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    Mullins v. Goodyear Tire & Rubber Co.
    cannot say that the employer has itself committed an act of discrimination . . . . When
    an employer implements a remedy, it can be liable for sex discrimination in violation
    of Title VII only if that remedy exhibits such indifference as to indicate an attitude
    of permissiveness that amounts to discrimination.
    
    Blankenship, 123 F.3d at 873
    .
    On appeal, plaintiff argues that the district court applied the wrong test in analyzing the
    sufficiency of Goodyear’s corrective action. The heart of the controversy surrounds the district
    court’s use of the “indifference standard” as described in Blankenship. In Blankenship, we held that
    an employer is liable for coworker harassment if “its response manifests indifference or
    unreasonableness in light of the facts the employer knew or should have known.” 
    Id. at 873
    (emphasis added). Mullins argues that, subsequent to Blankenship, we adopted a negligence
    standard in Fenton v. HiSAN, Inc., 
    174 F.3d 827
    (6th Cir. 1999). After a careful comparison of the
    two cases, we conclude that Fenton did not overrule the Blankenship test; it merely restated it.
    Indeed, the holdings of published decisions of this court are precedentially binding on subsequent
    panels and may be overruled only by the court en banc. 6TH CIR. R. 206(c); see also United States
    v. Yoon, 
    398 F.3d 802
    , 806 (6th Cir. 2005); Darrah v. City of Oak Park, 
    255 F.3d 301
    , 309 (6th Cir.
    2001).
    Fenton, like Blankenship, involved allegations of coworker sexual harassment. The Fenton
    court reiterated the notion that an employer’s liability in instances of coworker harassment is based
    on its response to the reported sexual harassment: an employer is liable if it does not respond in a
    “reasonable” manner. 
    Fenton, 174 F.3d at 829-30
    . In Fenton, we summarized a plaintiff’s burden
    in coworker harassment cases by stating that a “victim of coworker harassment must therefore prove
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    Mullins v. Goodyear Tire & Rubber Co.
    negligence by the employer.” 
    Id. at 829.
    The Fenton panel purportedly applied the Blankenship
    rule:
    This standard is consistent with the negligence standard we have previously
    employed in coworker harassment cases. In [Blankenship], we stated that in
    coworker harassment cases the standard is based on a “reasonableness” standard:
    “when an employer responds to charges of coworker sexual harassment, the employer
    can be liable only if its response manifests indifference or unreasonableness in light
    of the facts the employer knew or should have known.”
    
    Id. at 829
    (citing 
    Blankenship, 123 F.3d at 872
    -73).
    Because the Blankenship court phrased “indifference or unreasonableness” in the
    conjunctive, we view it as a unitary standard. If an employer acts “unreasonably,” it fits the classic
    common law definition of negligence. See RESTATEMENT (SECOND ) OF TORTS § 282 (observing that
    “negligence is conduct which falls below the standard established by law for the protection of others
    against unreasonable risk of harm.” (emphasis added)). Similarly, if an employer’s response to
    reported coworker harassment is “indifference,” then the employer has not reacted reasonably and
    has thus committed an act for which liability may attach under Title VII. See Fuller v. City of
    Oakland, 
    47 F.3d 1522
    , 1529 (9th Cir. 1995) (“Title VII does not permit employers to stand idly by
    once they learn that sexual harassment has occurred. To do so amounts to a ratification of the prior
    harassment.”).
    The Supreme Court has not directly addressed the standard needed to establish liability in
    coworker sexual harassment cases. However, it has repeatedly addressed the standard for liability
    in cases involving sexual harassment by supervisors. Although these cases are distinguishable and
    require a different analysis, see 
    Pierce, 40 F.3d at 872
    , two post-Blankenship cases have caused some
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    Mullins v. Goodyear Tire & Rubber Co.
    confusion regarding the continued viability of the Blankenship standard. In Faragher v. City of Boca
    Raton, 
    524 U.S. 775
    (1998), the Supreme Court held that employers may be vicariously liable for
    the sexual harassment committed by supervisors. 
    Faragher, 524 U.S. at 807
    . In Burlington
    Industries, Inc. v. Ellerth, 
    524 U.S. 742
    (1998), released the same day as Faragher, the Court held
    that an employer may be liable for sexual harassment by supervisory employees when the employer’s
    own negligence contributed to the harassment. 
    Ellerth, 524 U.S. at 758-59
    .
    Although these cases did not address coworker sexual harassment, a panel of this court, in
    dicta in an unpublished opinion,4 suggested that Faragher and Ellerth may have overruled
    Blankenship insofar as they held that an employer is not liable for “mere negligence.” Collette v.
    Stein-Mart, Inc., 126 F. App’x 678 (6th Cir. 2005) (unpublished). To resolve any confusion, we
    recently affirmed the continued viability of Blankenship in a published decision. In Hawkins v.
    Anheuser-Busch, Inc., 
    517 F.3d 321
    (6th Cir. 2008), we addressed this issue directly:
    For the sake of clarity, we note that although this court’s decision in Blankenship has
    been modified by the Supreme Court’s decisions in Faragher v. City of Boca Raton,
    
    524 U.S. 775
    , 780 (1998), and Burlington Industries, Inc. v. Ellerth, 
    524 U.S. 742
    ,
    758-59 (1998), Blankenship remains good law for the proposition that a company
    may be held liable for coworker harassment if its “response manifests indifference
    or unreasonableness in light of the facts the employer knew or should have known.”
    
    Blankenship, 123 F.3d at 873
    .
    
    Hawkins, 517 F.3d at 339
    .
    4
    Unpublished opinions of this court are not precedentially binding under the doctrine of stare
    decisis. United States v. Lancaster, 
    501 F.3d 673
    , 677 (6th Cir. 2007); United States v. Sanford, 
    476 F.3d 391
    , 396 (6th Cir. 2007).
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    Thus, Hawkins removed any doubt that the Blankenship standard survives, and the district
    court was correct in applying Blankenship to analyze plaintiff’s allegations of coworker sexual
    harassment. Having determined that the district court applied the correct standard, we now address
    plaintiff’s argument that the district court’s analysis reached the wrong result.
    III.
    Plaintiff contends that the district court erred by granting summary judgment in favor of
    defendant because she presented evidence that “is sufficient for a jury” to find her employer liable
    for the coworker sexual harassment. (Blue Br. 24.) We disagree. Like the lower court, we view the
    evidence in the light most favorable to plaintiff to determine whether a reasonable juror could
    conclude that Goodyear reacted with “indifference or unreasonableness” towards plaintiff’s
    complaint of coworker sexual harassment.
    Plaintiff argues the following:
    (A) Defendant knew Plaintiff had good reason to fear Parker; (B) Defendant therefore
    promised Plaintiff that she would be completely separated from Parker; (C)
    Defendant breaks this promise and fails to follow through on its remedial measures
    by delivering no discipline to Parker, no separation, and no meaningful monitoring;
    (D) to no avail, Plaintiff complains of continued stalking and harassment by Parker
    with a forktruck; and (E) Plaintiff finally succumbs to a nervous breakdown due to
    Parker’s continuing stalking and harassment.
    (Blue Br. 24.) We address each in turn.
    First, plaintiff claims that Goodyear knew that she had “good reason” to fear Parker. The
    record shows that the only actions that Mullins reported to management initially were the three
    incidents of alleged sabotage of plaintiff’s machine (incidents that she attributes to Parker), plus
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    Parker’s comment about serving in Vietnam. (JA 303.) Most importantly, none of these incidents
    involved sexual harassment. Moreover, Goodyear reacted immediately, launched a two-week
    investigation, interviewed the parties involved, and instructed Parker not to bother Mullins and to
    avoid the bead area when it was not necessary for him to be there. (JA 182.) When reviewing an
    employer’s response to determine if it expresses “indifference or unreasonableness,” we have held
    that it is generally adequate if it is “reasonably calculated to end the harassment.” Jackson v. Quanex
    Corp., 
    191 F.3d 647
    , 663-64 (6th Cir. 1999); 
    Hawkins, 517 F.3d at 340
    . Plaintiff complained of
    Parker tampering with her machine and making a comment that frightened her. We agree with the
    district court that by instructing Parker not to bother Mullins, and to avoid spending unnecessary
    time in the bead area, Goodyear acted in a reasonable manner.
    Second, plaintiff claims that Goodyear breached a promise that she would be completely
    separated from Parker. (Blue Br. 26.) The record shows that Parker returned to the bead area from
    time to time. Although Mullins stated that Parker’s “presence bothered me,” she admitted that he
    did not engage in any sexually harassing or inappropriate conduct. (JA 108.) Absent evidence of
    continued sexual harassment, we are unwilling to impose liability on Goodyear for failing to keep
    Parker and Mullins separated . See Martin v. Boeing-Oak Ridge Co., 
    244 F. Supp. 2d 863
    , 875 (E.D.
    Tenn. 2002) (“The issue is not whether plaintiff finds the response by defendant satisfactory but
    whether defendant’s response was appropriate.”). In the instant case, Goodyear’s response appears
    not only reasonable but effective in ending the sexual harassment.
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    Plaintiff’s third argument fails for similar reasons. She argues that Goodyear breached a duty
    by not disciplining Parker. However, as we explained above, Goodyear responded reasonably to end
    the sexual harassment, thus meeting its obligations under Title VII. See 
    Blankenship, 123 F.3d at 874
    (“a harassment victim may not dictate an employer’s action against a co-worker.”); see also
    Anderson v. Memphis City Schools Bd. of Ed., 
    75 F. Supp. 2d 786
    , 792 (W.D. Tenn. 1999) (“a
    plaintiff will not prevail simply because the remedy offered by defendant was not what plaintiff
    wanted.” (citing Bell v. Chesapeake & Ohio Ry., 
    929 F.2d 220
    , 225 (6th Cir. 1991))).
    Next, Mullins takes issue with the district court’s conclusion that she did not complain about
    continued harassment. Although Mullins argues that she complained after her initial meeting with
    Human Resources, the only incidents mentioned in her brief involve Parker’s presence in the bead
    area, not his conduct. Goodyear had a duty to take reasonable measures to prevent continuing
    sexually harassing conduct, but Title VII did not require it to ensure that Mullins and Parker were
    separated at all times. See 
    Blankenship, 123 F.3d at 871-74
    .
    Furthermore, even if Parker intentionally entered the bead area, or drove his forklift near
    Mullins, there is no evidence that he did so because of plaintiff’s sex. In this regard, “Title VII is
    not a generic anti-harassment statute.” 
    Harbert-Yeargin, 266 F.3d at 520
    (Guy, J. concurring). In
    order to be actionable under Title VII, the harassment must be “based on sex.” 
    Hawkins, 517 F.3d at 332
    . If Parker entered the bead area to annoy Mullins, such action might have been rude and
    inappropriate, but it does not give rise to a Title VII claim unless Parker did so because of plaintiff’s
    gender. We find nothing in the record to support such a conclusion.
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    Finally, plaintiff alleges that on her last day on the job, Parker drove his forklift dangerously
    close to her and blocked her in the break room. (JA 268-71.) Mullins claims that these incidents
    caused her to suffer a nervous breakdown and promptly terminated her employment. (Blue Br. 36-
    38.)
    “[E]mployer liability in cases of coworker harassment is not derivative, but instead depends
    on the employer’s ‘own acts or omissions.’” 
    Hawkins, 517 F.3d at 340
    (quoting 
    Blankenship, 123 F.3d at 873
    ). As stated above, an employer may be liable for the sexually harassing conduct of its
    non-supervisory employees if its response to a complaint “manifests indifference or
    unreasonableness in light of the facts the employer knew or should have known.” 
    Blankenship, 123 F.3d at 873
    ; 
    Hawkins, 517 F.3d at 339
    . However, Goodyear did not have the opportunity to address
    plaintiff’s final working-day concerns. Accordingly, we cannot conclude that Goodyear acted with
    “indifference or unreasonableness” in response to events to which it was not given an opportunity
    to respond.
    IV.
    For the reasons described above, we affirm the judgment of the district court.
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    DAMON J. KEITH, Circuit Judge, dissenting. I strongly disagree with the majority’s
    decision to affirm the district court’s dismissal of this sexual harassment claim on summary
    judgment. It is unclear whether the majority, determined to allow Defendant Goodyear Tire &
    Rubber Co. to escape liability for the egregious and frankly disgusting sexual harassment suffered
    by Plaintiff Donna Mullins, ever read the record in this case. While the majority correctly states the
    standard of review for summary judgment, in its reasoning, the majority ignores key facts and
    incorrectly views the evidence in the light most favorable to the moving party. Because I believe that
    there are material facts sufficient to raise a question for the jury, I dissent.
    I.
    The district judge in this case made a specific finding that “Plaintiff [Donna Mullins] has
    pointed to evidence in the record which would allow the trier of fact to find that ‘the charged sexual
    harassment had the effect of unreasonably interfering with [the plaintiff’s] work performance and
    creating an intimidating, hostile, or offensive working environment.’” (J.A. 392) (quoting Rabidue
    v. Osceola Refining Co., 
    805 F.3d 611
    , 619-20 (6th Cir. 1986)). Because the majority omits and
    glosses over the harassment that Mullins endured, it is necessary to recount the facts separately.
    Mullins was the only woman working on her shift at Goodyear’s tire manufacturing plant in
    Union City, Tennessee, which employs over 2,200 individuals. (J.A. 62, 211.) From about 1999
    to October 27, 2005, Mullins worked primarily as a bead operator.5 (J.A. 54-58.)
    5
    Bead operators set up and operate machinery that produce tire beads. (J.A. 56-58.)
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    The Goodyear employees who allegedly harassed Mullins are Autry Lee Dale “Red” Parker
    and William “Bill” Jones. Parker and Jones were nonsupervisory employees who worked with
    Mullins. Jones was elected as a “lead hand,” (J.A. 70) whose special duties included administrative
    tasks, such as administering vacation and overtime and ordering supplies. (J.A. 68-69, 212.)
    Over the years, Jones engaged in sexually inappropriate behavior towards Mullins. (J.A. 392-
    93.) Jones’s treatment of Mullins, however, worsened after Jones was elected lead hand. (J.A. 78-
    88.)   In addition, Parker allegedly engaged in hostile behavior towards Mullins,6 including
    sabotaging her machine on several occasions. (J.A. 89-90, 93-99.) The district court, finding that
    Mullins presented sufficient evidence to convince a jury that the sexual harassment was sufficiently
    “severe and pervasive,” summarized the alleged facts as follows:
    Bill Jones refused [Mullins] vacation days, scheduled male workers ahead of her, and
    would write himself ahead of her even though he was not on the books; although
    Jones was a relief man who was supposed to relieve the bead unit operators, such as
    [Mullins], when they needed a break, he purposefully relieved [Mullins] late for
    breaks and, when [Mullins] was on a break, he would leave early; Jones timed
    [Mullins’] bathroom breaks, but not the bathroom breaks of male workers; Jones
    6
    Mullins testified that she was particularly fearful of Parker because he would brag to her
    about killing people in Vietnam. (Mullins Depo., J.A. 256.) In her affidavit, she recounted that:
    Red Parker told me on numerous occasions that he served in Vietnam and that it
    would be “nothing for me [Parker] to kill someone.” This frightened me because I
    did not know what he was insinuating. I did not know whether to believe he was
    crazy or if he was purposefully trying to scare or intimidate me. He is about 6'3" and
    I estimate he weighs about 350 lbs or more.
    (J.A. 303.) Mullins also told Ray Stevenson, a Goodyear human resources official, that Parker was
    the type of man who might open fire in a public place like McDonald’s. (J.A. 256.) According to
    Mullins, Stevenson responded, “She is telling the truth. That is exactly the type of man this is.”
    (J.A. 256-57.) Harris, another Goodyear official who was present at the meeting, testified that he
    did not remember Mullins reporting Parker’s statements about killing people. (J.A. 208.)
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    made sexual references about [Mullins’] breasts “hundreds of times” on a daily basis
    and, on one occasion, pulled her shirt out; he also hugged her on a weekly basis until
    she struggled out of it; Jones “lurched” at [Mullins] in an “attack fashion” and had
    to be restrained by another man; Jones laughed, stared, and pointed at [Mullins]
    while she was working; Jones cursed at [Mullins] and called her names such as “lazy
    bitch”; Jones complained to the male workers about [Mullins’] job performance;
    Jones purposefully shut down [Mullins’] machine and submitted a false work order
    so that he would not have to change a wire on [Mullins’] machine; Jones grabbed
    [Mullins] on one occasion and kissed her on the cheek as she tried to get away; when
    [Mullins] needed tools for a job and had to ask Jones, who was the lead hand, Jones
    would give her the “third degree”—asking her questions about why she needed it, in
    contrast to how he treated the men; when Jones left [Mullins’] machine early when
    he relieved her, he did not advise her of the status of her machine, if anything was
    wrong, and would not assist her in fixing things that went wrong; instead of handing
    [Mullins] her paycheck, Jones put it on the edge of a book near four fans while
    handing the men their checks by normal distribution; when [Mullins’] schedule was
    changed by Bone, Jones did not inform her of the change; Parker changed out
    [Mullins’] spools to cause her more work and tampered with [Mullins’] gauges
    which he did not do to the male workers; Parker tightened a bolt on [Mullins’]
    machine so tight that neither she, Ricky Davis, or Jackie Bone could loosen it; Parker
    told [Mullins] on numerous occasions that he served in Vietnam and that it would be
    “nothing for me to kill someone”; during the investigation, Parker came to [Mullins’]
    department every day even though he was supposed to be staying away; after the
    investigation, Parker drove a fork truck within an inch of [Mullins] while she worked
    her bead unit, thus scaring her; Parker and Jones, together, came into the break room
    while [Mullins] was there and partially blocked the door, forcing [Mullins] to
    squeeze by them.
    (J.A. 392-94.) In addition, Parker made statements to Mullins, such as “if you weren’t married,
    you’re a good looking woman, I’d give it a try,” (J.A. 91), and Jones told her, “[W]hy don’t you
    show me your boobs.” (J.A. 75.)
    On September 19, 2005, Mullins told Bone that she wanted a meeting with Human Resources
    to discuss the alleged harassment by Parker and Jones. Mullins reported the most recent sabotage
    of her machine and other workplace incidents to James Harris, a Goodyear manager. (J.A. 78-79,
    - 15 -
    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    104, 190-93.) Although she tried to report Jones’s sexual behavior, beginning by saying that she and
    Jones “had issues for years,” (J.A. 78, 116), Harris abruptly cut her off, saying, “Let’s just take care
    of the issue at hand.” 
    Id. Mullins identified
    two potential witnesses to Parker’s sabotage of her
    machine. (J.A. 193.) Goodyear initiated an investigation and temporarily separated Parker from
    Mullins. (J.A. 182.) As part of Goodyear’s investigation, Parker, Jones, and the two witnesses were
    interviewed. (J.A. 166-67, 193-203.) Although Parker and Jones denied most of the allegations,
    Parker admitted to putting partial rolls of wire on her bead unit, thereby forcing Mullins to change
    rolls more frequently. (J.A. 194.) Parker’s alleged reason for doing this was “because [the rolls]
    were dirty, had rust, and they needed to be used up.” (J.A. 195.) Eddie Holland, a worker in the
    bead unit, confirmed that Parker had replaced the rolls on Mullins’ machine. (J.A. 199.) In addition,
    Ricky Davis, another co-worker, contradicted Parker’s alleged business purpose for changing the
    rolls, telling Goodyear that “Parker told [Davis] that he was taking the partial rolls and putting them
    on [Mullins’] machine on purpose, so that she would have to do more changeovers.”7 (J.A. 200-01.)
    When Goodyear interviewed Jones, he admitted to leaving Mullins’ machine early when relieving
    Mullins on break, but claimed “that the reason why he left is because she was staying on break for
    so long.” (J.A. 167.) Jones also “admitted that he . . . was monitoring her break time.” (J.A. 197.)
    Despite Parker’s and Jones’s admissions and the fact that two co-workers corroborated Mullins’
    7
    In his deposition, Davis testified that Parker “was just laughing at how–that he pulled the
    almost-empty rolls and put on her machine, so she’d have to change them.” (J.A. 350.)
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    report, Goodyear concluded that the conflict about which Mullins complained was simply a normal
    co-worker conflict and not gender-based harassment. (J.A. 157-61.)
    Goodyear met with Mullins to inform her of their findings and to scrutinize her work habits,
    advising her not to take so long when using the bathroom. (J.A. 160.) Summarizing the results of
    his investigation, Harris told Mullins that “there was [sic] no substantial findings,” (J.A. 158), and
    that “[h]e found no evidence that the machine had been tampered.” (J.A. 159.) Even though
    Goodyear admitted that Mullins’ work was “average,” Goodyear determined that her conflict with
    other coworkers might have been because she was not “busy” enough and her mind might have been
    “wander[ing].” (J.A. 161.) Rather than conducting a meeting that would address Mullins’ concerns,
    “it turned into a [Mullins] defending [herself] meeting.” (Mullins Depo., J.A. 266.) “It turned into
    a why are you not getting enough beads, and we have someone tell us that you do take long bathroom
    breaks” meeting. (Mullins Depo., J.A. 265-66.)
    Neither Jones nor Parker were ever disciplined. (J.A. 328.) Even though Goodyear found
    two witnesses who corroborated Mullins’ account of Parker deliberately changing spools on Mullins’
    machine in order to make her work more difficult, Goodyear never told Parker that he engaged in
    inappropriate behavior.8 (J.A. 174.) Whereas Griffith, a Goodyear manager, claimed in his
    8
    Griffith testified as to his post-investigation meeting with Parker as follows:
    Q.      . . . did you tell [Parker] that Goodyear had found that he engaged in any kind
    of inappropriate behavior?
    A.      No.
    Q.      Did Harris tell [Parker] that Goodyear had found that?
    A.      No.
    Q.      Had Goodyear made any findings in that regard?
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    deposition that the separation between Parker and Mullins was lifted after the investigation (J.A.175,
    stating that the “restriction had been lifted”), James Harris, another manager, testified that the
    separation had never been lifted. (J.A. 206.) Likewise, Mullins testified in her deposition that Ray
    Stevenson, a Goodyear human resource official, told Mullins that Parker would be kept away from
    Mullins’ work area. (J.A. 259.) Griffith, however, instructed Parker that it “was okay to go back
    in that area and work, but he needed to limit his dealings with [Mullins].” (J.A. 327.)
    Two supervisors, Griffith and Jackie Bone,9 spent more time in the bead area monitoring the
    situation. (J.A. 170-71.) According to Griffith, he followed up with Mullins on numerous
    occasions, and Mullins told him that “it was better.” (J.A. 170-72.) In contrast, Mullins claims that
    things were not better because Parker continued to lurk in her work area, “constantly walking back
    and forth behind [her].” (J.A.117.) Bone admitted that Mullins complained to him every time
    Parker came into the bead area, but said that he decided not to report her complaints to anyone else.
    (J.A. 183.)
    Parker continued to spend time in Mullins’ work area despite Mullins’ repeated complaints
    about the lack of separation. (J.A. 183.) In addition, Parker began driving his equipment
    A.     Any inappropriate? No.
    Q.     Right. Any inappropriate behavior, such as tampering with her gauges,
    sabotaging her machine, trying to make her work purposely more difficult?
    A.     No.
    (J.A. 174) (emphasis added).
    9
    Bone was the Area Manager for the bead unit, as well as two other departments, making him
    the direct supervisor of Mullins, Parker, and Jones. (J.A. 55.)
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    dangerously close to her, and Mullins complained about this practice to Bone. (J.A. 185.) However,
    Bone decided not to inform Human Resources. 
    Id. Parker continued
    to “constantly walk[] back and
    forth behind [her].” (J.A. 140, 267.) Finally, on October 27, 2005, Mullins suffered a severe
    nervous breakdown following two incidents. First, Parker drove his forktruck “within about an inch
    of [Mullins’] buggy,” causing her to fear for her safety. (J.A. 267-68.) Second, Parker followed her
    even as she “tried to get away from him.” (J.A. 271.) Eventually, he followed her to the break room
    where he and Jones physically blocked her exit from the break area. 
    Id. Mullins “completely
    fell apart at work” that day, and her husband took her to a physician who
    advised her husband to “get her out of there.” (J.A. 273-74.) Since then, Mullins has been unable
    to work and was diagnosed with Post-Traumatic Stress Disorder. (J.A. 330.) She cannot sleep,
    clean, or cook. (J.A. 278) She has become fixated on the harassment “[b]ecause [she] can’t stop
    thinking about this. Ever. Ever. It’s all [she] think[s] about.” (J.A. 278, 280-81, 302-03.) She
    takes Xanax, an anti-anxiety drug, (J.A. 282), and says that she wants to “lay down and go to sleep
    and never wake up.” (J.A. 283.)
    II.
    This Court reviews a district court’s grant of summary judgment de novo. Williams v. Mehra,
    
    186 F.3d 685
    , 689 (6th Cir. 1999). Summary judgment is appropriate where “the pleadings, the
    discovery and disclosure materials on file, and any affidavits show that there is no genuine issue of
    material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P.
    56(c). In considering “whether the evidence presents a sufficient disagreement to require submission
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    to a jury or whether it is so one-sided that one party must prevail as a matter of law,” Anderson v.
    Liberty Lobby, Inc., 
    477 U.S. 242
    , 251-52, 
    106 S. Ct. 2505
    , 2512, 
    91 L. Ed. 2d 202
    (1986), this
    Court must construe all evidence in the light most favorable to the nonmoving party. Matsushita
    Elec. Indus. Co. v. Zenith Radio Corp., 
    475 U.S. 574
    , 587, 
    106 S. Ct. 1348
    , 1356, 
    89 L. Ed. 2d 538
    (1986).
    III.
    The district court dismissed Mullins’ Title VII claim on summary judgment, finding that
    although the facts alleged created a jury question as to whether the alleged actions were sufficiently
    severe or pervasive to alter the terms and conditions of her employment, Mullins failed to establish
    employer liability for coworker harassment. (J.A. 383-405.) On appeal, Mullins contends that the
    district court erred because it (1) applied the incorrect legal standard for establishing employer
    liability and (2) ignored key factual disputes that created a genuine material issue to be decided by
    the jury.
    An employer is liable for coworker harassment only if it (1) “knew or should have known
    of the charged sexual harassment” and (2) “failed to implement prompt and appropriate corrective
    action.” Hafford v. Seidner, 
    183 F.3d 506
    , 513 (6th Cir. 1999) (quoting Pierce v. Commonwealth
    Life Ins. Co., 
    40 F.3d 796
    , 804 (6th Cir. 1994)). In determining employer liability for coworker
    harassment, I agree with the majority that the appropriate standard is indifference. Hawkins v.
    Anheuser-Busch, Inc., 
    517 F.3d 321
    , 338 (6th Cir. 2008) (holding that “when coworker harassment
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    is at issue, an employer is not liable for ‘mere negligence,’ but is liable ‘if its response manifests
    indifference or unreasonableness in light of the facts the employer knew or should have known.’”).
    The district court granted summary judgment for Goodyear because it found that (1) Mullins
    did not put Goodyear on notice of the sexual harassment (J.A. 404) and (2) Goodyear acted
    reasonably to end the harassment. (J.A. 404-05.) On appeal, Mullins argues that the district court
    ignored key factual disputes and erroneously viewed the evidence in the light most favorable to the
    moving party.
    A.
    The district court found that Goodyear did not have the requisite knowledge of Mullins’
    complaints of sexual harassment because “[Mullins’] statement that she and Jones had had ‘issues’
    was not sufficient to put [Goodyear] on notice that Jones had allegedly been sexually harassing
    [Mullins] for years, and it is also not evidence of [Goodyear’s] indifference toward the alleged
    harassment.” (J.A. 404.)
    As mentioned above, in order to establish employer liability for coworker harassment, the
    plaintiff must first show that the employer knew or should have known of the alleged harassment.
    
    Hawkins, 517 F.3d at 338
    . In determining whether an employer possessed the requisite knowledge
    of harassment, constructive knowledge is sufficient, 
    id. at 340,
    and “the plaintiff need not report the
    offensive conduct of co-workers to prevail.” Wanchik v. Great Lakes Health Plan, Inc., 6 F. App’x
    252, 264-65 (6th Cir. 2001) (unpublished) (finding that even though plaintiff did not report the co-
    - 21 -
    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    worker harassment to her employer, there were enough other reports of harassment as to “impute
    constructive notice to [the] employer”).
    The district court and Goodyear claim that there was no knowledge, or even constructive
    knowledge, because Mullins never complained of the sexual harassment to Goodyear. Although
    Mullins never told Goodyear that Jones had made remarks about her breasts hundreds of times,
    grabbed and forcibly hugged her, forcibly kissed her, and called her a “stupid bitch,” (J.A.116, 392-
    93), Mullins attempted to report her previous issues, but Harris, a Goodyear manager, expressly told
    her not to talk about other issues.10 (J.A. 116.) With Harris’s explicit direction not to talk about the
    issues that she had “been having for years,” it was not unreasonable for Mullins to believe that
    Goodyear did not want to hear about the previous harassment. “An employer cannot avoid Title VII
    liability for coworker harassment by adopting a ‘see no evil, hear no evil’ strategy.” Ocheltree v.
    Scollon Prod., Inc., 
    335 F.3d 325
    , 334 (4th Cir. 2003) (imputing employer knowledge where plaintiff
    attempted to inform her employer of sexual harassment on several occasions, but the employer
    refused to listen). When an employer “knew, or upon reasonably diligent inquiry should have
    known, of the harassment and failed to take immediate and appropriate corrective action,” the
    plaintiff has satisfied the knowledge requirement. Fleming v. Boeing Co., 
    120 F.3d 242
    , 246 (11th
    Cir. 1997) (quoting Faragher v. City of Boca Raton,11 
    111 F.3d 1530
    , 1535 (11th Cir. 1997)).
    10
    Another female employee, Lee O’Dell, previously worked on Mullins’ shift, but transferred
    specifically “to get away from [Jones and Parker]” because “it was horrible.” (J.A. 262.)
    11
    Faragher was later reversed on other grounds. Faragher v. City of Boca Raton, 
    524 U.S. 775
    (1998).
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    Here, a reasonable jury could find that (1) Goodyear, knowing that Mullins was being treated
    differently, that she was the only woman on her shift, and that she and Jones had “had issues for
    years,” should have made an inquiry as to sexual harassment and (2) Goodyear should not have
    stopped Mullins from reporting past sexual harassment. If Harris had been at all diligent in
    discharging his duties as required by Title VII, it would be reasonable to expect that Harris, who
    admitted that he considered Mullins’ complaint to be “centered around employee-retaliation issues,”
    (J.A. 190), would have allowed Mullins to report past problems with Parker and Jones in order to
    determine the cause of that employee retaliation. In short, a reasonable jury could find that Goodyear
    knew or should have known about the harassment. Whereas an employee has a duty to report sexual
    harassment, an employer should not be allowed to evade liability by silencing an employee from
    disclosing past incidents, especially given her reports of workplace harassment.
    Because “[s]ummary judgment requires the court to view all evidence in the light most
    favorable to the nonmoving party and is appropriate only if the evidence in the record is so one-sided
    that no reasonable jury could find for that party,” 
    Hawkins, 517 F.3d at 339
    (quoting Anderson v.
    Liberty Lobby, 
    Inc., 477 U.S. at 251-52
    , 106 S. Ct. at 2512), we must view the evidence of
    Goodyear’s knowledge in the light most favorable to Mullins. A reasonable jury could find that
    Goodyear was at least indifferent to the existence of harassment. The district court discredited the
    fact that Mullins stated that she and Jones “had had issues for years” because “[Mullins] made no
    effort to explain what the prior ‘issues’ were.” (J.A. 403.) Drawing all reasonable inferences in the
    light most favorable to Mullins, however, it is reasonable to assume that Goodyear’s discouraging
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    Mullins from explaining why she and Jones had issues for years was not the action of an employer
    who was reasonable and diligent in preventing and addressing sexual harassment, especially given
    her complaints that she was targeted by Jones and Parker and because they knew she was the only
    woman on her shift. Thus, contrary to what the majority glibly concluded, there is a genuine issue
    of material fact as to whether Goodyear knew or should have known that its employees were sexually
    harassing Mullins.
    B.
    Given at least a jury question as to whether knowledge of sexual harassment can be imputed
    to Goodyear, the next element required to establish employer liability is determining whether the
    “employer’s response is unreasonable” such that it “manifests indifference or unreasonableness in
    light of the facts the employer knew or should have known.” 
    Hawkins, 517 F.3d at 340
    (citing
    
    Blankenship, 123 F.3d at 873
    ). “A response is generally adequate . . . if it is ‘reasonably calculated
    to end the harassment.’” 
    Id. (quoting Jackson
    v. Quanex Corp., 
    191 F.3d 647
    , 663-64 (6th Cir.
    1999)). “If the employer responds in good faith, it cannot be held liable.” Rudd v. Shelby County,
    166 F. App’x 777, 778 (6th Cir. 2006) (unpublished) (citing 
    Blankenship, 123 F.3d at 873
    ). “[T]he
    appropriateness of a response depends on the severity of the alleged harassment.” 
    Blankenship, 123 F.3d at 872
    .
    The district court determined that Goodyear was not indifferent towards the alleged
    harassment based on the following alleged facts: (1) Goodyear tried to minimize Parker’s contact
    with Mullins; (2) Griffith and Bone were instructed to increase their supervision of the bead area;
    - 24 -
    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    (3) Griffith followed up with [Mullins] after the investigation; and (4) Mullins did not give Goodyear
    an opportunity to respond to further harassment because she did not return to work after Parker drove
    his forklift close to her and Jones and Parker physically blocked her exit from the break room. (J.A.
    404.)
    The central flaw in the district court’s and the majority’s analysis is that they ignored key
    facts and failed to view the evidence, as they were required to do, in the light most favorable to
    Mullins. First, although the district court stated that Goodyear tried to minimize Parker’s contact
    with Mullins, it is not clear from the record that Goodyear actually did so. Supervisors Griffith and
    Bone stated that they imposed a temporary separation during the course of the investigation, (J.A.
    151, 182), but accounts differ as to what happened after the investigation. Whereas Griffith stated
    in his deposition that after the investigation, the “restriction had been lifted,” (J.A. 175), Harris
    testified that the separation “was not lifted.” (J.A. 206.) Despite Harris’s understanding that the
    separation was never lifted, Griffith told Parker that it “was okay to go back in that area and work,
    but he needed to limit his dealings with [Mullins].” (J.A. 327.) Whereas Griffith testified that
    Mullins repeatedly told him that “things were better,” (J.A. 172), Bone testified that Mullins
    complained every time Parker came into her area, but that he decided not to do anything about her
    complaints and consciously decided not to report them to his supervisor. (J.A. 183.) Thus, given
    the inconsistencies in Goodyear’s testimony, there is a genuine issue of material fact as to whether
    Goodyear exhibited indifference by failing to minimize Parker’s contact with Mullins.
    - 25 -
    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    Second, there is reason to question whether Goodyear responded to Mullins’ initial
    complaints in good faith. During the course of the investigation, both of Mullins’ witnesses
    corroborated her report that Parker had sabotaged her machine. (J.A. 199-201.) Mullins’ coworker,
    Davis, stated that Parker actually laughed and bragged to him about deliberately placing half-rolls
    of wire onto Mullins’ machine in order to make her change her wire spools more frequently. (J.A.
    350.) Yet Goodyear still concluded that the allegations of machine tampering could not be
    corroborated. (J.A. 159.) Goodyear disciplined neither Parker nor Jones. Instead, Goodyear decided
    to turn the tables and subject Mullins’ work record to close scrutiny, questioning her about her
    bathroom breaks and productivity. (J.A. 161, 265-66.) This scrutiny arose even though Goodyear
    admitted that Mullins’ work record was “average.” (J.A. 161.) Goodyear’s alleged reason for
    questioning her work habits was that they thought her complaints might have arisen because was not
    “busy” enough and her mind was “wander[ing].” 
    Id. Goodyear’s dismissing
    Mullins’ reports as
    those of a worker with a “wandering” mind suggests indifference sufficient to create a jury question
    as to employer liability.
    Third, although the district court claims that Goodyear never had an opportunity to respond
    to Mullins’ complaints prior to her final day of work, it is not clear from the record that this was
    actually true. As stated above, Goodyear had notice, based on her continual complaints that Parker
    was in her area, that its “separation” was not working and was bothering her.12 (J.A. 183.) Bone
    12
    Although Goodyear claimed that just complaining about someone’s presence is not a
    complaint of actionable harassment, it is significant that Parker continued to hang around Mullins’
    work area even though, in taking the facts in the light most favorable to Mullins, that separation was
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    himself stated in his deposition testimony that Mullins complained about Parker’s presence, stating
    that “[e]very time that Red was moved back over, [Mullins] said, ‘He ain’t supposed to be over
    here.’” (J.A. 183.)
    Mullins also told her supervisor, Bone, that Parker was driving his forklift too close to
    Mullins and scaring her. (J.A. 185.) Although Goodyear argues that it had no notice of Parker’s use
    of driving equipment to intimidate Mullins, Bone, her supervisor, plainly testified that Mullins
    specifically complained about this problem, but that he decided not to inform any other Goodyear
    supervisors of the problem.
    Q.    Did she ever complain to you that [Parker] was driving or operating any
    equipment too close to her?
    A.    Yes, she mentioned that.
    Q.    And did you tender that to Human Resources?
    A.    No.
    (Bone Depo., J.A. 185.) Bone, rather than talking to Parker or reporting the complaints to his
    supervisor, chose to remain silent on the issue until Mullins was almost hit by Parker’s forklift.
    Because Goodyear did nothing to prevent Parker from engaging in physical intimidation, Mullins
    was constantly fearful, stating that she “had to keep an eye on [her] machine while it was running,
    not lifted. Parker’s continued presence, therefore, was evidence of open disobedience, and
    Goodyear’s failure to address his refusal to maintain a separation from Mullins suggests deliberate
    indifference to Mullins’ underlying complaints of harassment. Moreover, Mullins did not merely
    complain about Parker’s presence. As discussed below, Mullins also complained to her supervisor,
    Bone, that Parker was driving his vehicle too close to Mullins, making her fear for her physical
    safety.
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    and then, [Mullins] had to keep a constant vigil on wherever Red Parker was because [Mullins] was
    terrified of Red Parker.” (Mullins Depo., J.A. 269.)
    Thus, the district court mischaracterized the facts when it found:
    Although [Mullins] now says that Parker and Jones continued harassing her [after the
    investigation], she did not make any complaints to Griffith or Harris. When
    [Mullins] told Bone that she thought Parker was in her area more than he should be
    and that Jones was not relieving her for breaks as he should, Bone addressed those
    issues with [Mullins], Parker, and Jones. Plaintiff began her medical leave on the
    same date that she says that Parker drove a forklift close to her and that Jones and
    Parker stood outside the break room and partially blocked her exit, without giving
    Defendant an opportunity to address the incidents.
    (J.A. 402-03.) In fact, Mullins complained not only about Parker’s continued presence in her work
    area, but also about Parker purposely driving his fork lift close to Mullins so as to put her in physical
    danger prior to her last day at Goodyear. Goodyear never responded to Parker’s complaints with
    any meaningful action.13
    Although an employer’s response does not have to be perfect in order to be sufficient, (1)
    ignoring witness corroboration of Mullins’ allegations, (2) subjecting Mullins’ own work record,
    which was not even an issue, to intense scrutiny, and (3) ignoring Mullins’ continued complaints of
    Parker’s violations of the post-investigation separation and his driving the fork lift dangerously close
    to Mullins demonstrates that there is at least a jury question as to whether Goodyear’s response was
    appropriate and in good faith. In short, a reasonable jury could find that Goodyear’s response
    13
    The majority’s inaccurate statement that “Goodyear did not have the opportunity to address
    [Mullins’] final working-day concerns” is thus directly and irreconcilably contradicted by the fact
    that Mullins had complained about Parker driving dangerously close to her person well before her
    final day at work.
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    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    “exhibited such indifference as to indicate an attitude of permissiveness that amounts to
    discrimination.” McCombs v. Meijer, Inc., 
    395 F.3d 346
    , 353 (6th Cir. 2005). Given the above
    factual allegations suggesting that Goodyear refused to hear reports of sexual harassment, never took
    Mullins’ initial complaints seriously, knew about the ongoing harassment after their investigation,
    and consciously decided not to do anything about it, there are genuine issues of material fact for
    which a reasonable jury could find that Goodyear exercised deliberate indifference on coworker
    harassment.14
    IV.
    Regardless of whether or not individual judges on this panel personally object to sexual
    harassment claims in general, the district court made a specific factual finding that was fully
    supported by the record on summary judgment: “[Mullins] has pointed to evidence in the record
    which would allow the trier of fact to find that the charged sexual harassment had the effect of
    unreasonably interfering with [Mullins’] work performance and creating an intimidating, hostile, or
    offensive working environment.” (J.A. 392) (internal quotations omitted). Viewing the facts alleged
    in the light most favorable to the nonmoving, not the moving, party, the record creates a jury question
    as to whether defendant Goodyear is liable for the sexual harassment that its employees inflicted on
    Mullins. The majority, by effectively immunizing employers that are indifferent to such serious and
    14
    Although Goodyear and the majority argue that Goodyear’s remedial actions were adequate
    because Mullins focused on Goodyear’s failure to stop Parker, not Jones, from continuing his
    harassment, Appellee br. p.29, this argument is not particularly cogent. Mullins complained about
    both Parker and Jones, and both Parker and Jones were involved in the final incident that led to her
    breakdown.
    - 29 -
    No. 07-6089
    Mullins v. Goodyear Tire & Rubber Co.
    appalling patterns of sexual harassment from Title VII complaints, has scored a substantial victory
    for all those who believe that women do not belong in the workplace. I dissent.
    - 30 -