This section contains the nature of the case and procedural background.

P worked as a manager at D an equipment rental company. Charles Hardy was D’s president. Throughout P's time at D Hardy often insulted her because of her gender and often made her the target of unwanted sexual innuendos. Hardy told Harris on several occasions, in the presence of other employees, 'You're a woman, what do you know' and 'We need a man as the rental manager'; at least once, he told her she was 'a dumb ass woman.' He suggested that the two of them 'go to the Holiday Inn to negotiate [P's] raise.' Hardy occasionally asked P and other female employees to get coins from his front pants pocket. He threw objects on the ground in front of Harris and other women and asked them to pick the objects up. He made sexual innuendos about P’s and other women's clothing. P complained and Hardy was surprised that P was offended, claimed he was only joking, and apologized. He promised he would stop, and based on this assurance P stayed on the job. Hardy began anew and picked up right where he left off. P quit on October 1. P sued D claiming that Hardy's conduct had created an abusive work environment. The court found that some of Hardy's comments 'offended P, and would offend the reasonable woman,' but that they were not 'so severe as to be expected to seriously affect P’s psychological well-being. In focusing on the employee's psychological well-being, the District Court was following Circuit precedent. The court of appeals affirmed.

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