FACT SITUATION: JW Trucking, Inc., is an Ohio company with one location in Cincinnati, Ohio. The company handles some interstate deliveries. The company employs 55 employees 40 of which are drivers. The trucking facility is housed in a two-story building. The trucks are parked inside the facility overnight on the main floor while the second level includes a suite for the executives and human resources. The second level has an indoor balcony that overlooks the garage where the trucks are parked. You can access the second floor via an elevator or staircase. Three years ago, JW Trucking hired their first female driver Toni Marsh. At the time of her hiring, Toni was 55 years old. She had short gray hair, was slightly overweight, wore no makeup, and was unmarried. Toni has had exceptional reviews as a driver. At the beginning and end of the day of deliveries, the drivers would all congregate in the garage area awaiting their trucks and/or assignments for the next day. The male drivers resented Toni and treated her cruelly. They called Toni names such as old maid, hag, old gray mare, and coffin dodger. They would make comments such as: Are you having hot flashes? Your nursing home called you need to get back to your room; Go get a makeover.; Lose weight.; and No man would marry you. Toni would pretend she did not hear the names and comments or would say, Please stop it. The men did not treat one another the way they treated Toni. Nor did Toni treat the men the way they treated her. JW Trucking had an anti-harassment policy that it issued to all employees when hired. The policy directed employees to contact the HR Manager, Earl, if they believed they were subject to harassment of any nature. Toni did not contact Earl out of fear the other drivers would treat her worse if she did. Six months ago, Earl summoned Toni to the HR office. Earl said he was investigating alleged misbehavior of drivers. Earl asked Toni if she had observed any such behavior. Toni burst into tears and told Earl in detail about how the male drivers constantly mistreated her and the names they called her. A week after Toni met with Earl, JW Trucking placed Toni on suspension without pay for rudeness to coworkers. Toni was the only driver disciplined for rudeness to coworkers. JW Trucking returned Toni to work 30 days later, at which time it told her she was exonerated and paid her for all workdays missed during the suspension. When Toni returned to work, the male drivers resumed the mistreatment of her but with a difference: They added to their taunts calling Toni snitch and rat; and they would mess with her truck when she was not looking taking off spark plugs, releasing air from the tires, unscrewing lightbulbs in the lights. Toni did not report the conduct to Earl out of fear of reprisal. Yesterday, Toni resigned from JW Trucking saying, I cannot endure the abuse any longer.

QUESTION 2 If you found that JW Trucking is a covered employer under Title VII, what potential legal claims does Toni have against JW Trucking? Include in your analysis a discussion the elements of those claims. Make sure you apply the facts to the elements in support of your position.