Woods v. Delta Beverage Grp., Inc., 274 F.3d 295 (5th Cir. 2001). · Go Syfert
Woods v. Delta Beverage Grp., Inc., 274 F.3d 295 (5th Cir. 2001). Cases Citing This Book View Copy Cite
131 citation events (131 in the last 25 years) across 17 distinct courts.
Strongest positive: Hockman v. Westward Comm LLC (ca5, 2005-04-13)
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hockman v. Westward Comm LLC (2×) also: Cited "see"
5th Cir. · 2005 · quote attribution · 1 verbatim quote · confidence high
a reasonable woman would have felt compelled to report eddy's alleged post-july 7 harassment to her supervisors. therefore, summary judgment was appropriate.
discussed Cited as authority (verbatim quote) Hockman v. Westward Communications, LLC (2×) also: Cited "see"
5th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
a reasonable woman would have felt compelled to report eddy's alleged post-july 7 harassment to her supervisors. therefore, summary judgment was appropriate.
cited Cited as authority (rule) Tracy Trest v. AIDS Healthcare Foundation
M.D. La. · 2026 · confidence medium
Id. (citing Woods v. Delta Beverage Group, Inc., 24 274 F.3d 295, 298 (5th Cir. 2001) (additional citations omitted)).
cited Cited as authority (rule) Jacqueline Helen Sanders v. Deluxe
N.D. Tex. · 2025 · confidence medium
Grp., Inc., 274 F.3d 295, 298 (5th Cir. 2001).
discussed Cited as authority (rule) Sharper v. RAMCO- Right Away Maintenance Company
M.D. La. · 2024 · confidence medium
Doc. 41-8 at 8-9 (28:24-29:5). judgment.18 At the very least, this evidence, taken together with the affidavit of Jason Adams, in which Adams swears he has “never used the N-word toward Mr. Sharper, around Mr. Sharper, or to any other person while discussing Mr. Sharper”19 raises a genuine issue of material fact, prohibiting a finding of summary judgment on this claim.20 Finally, RAMCO also argues that because Plaintiff failed to report any alleged harassment to his supervisor, Adams, or any other member of RAMCO’s management, he cannot prove the fifth element of a hostile work environme…
cited Cited as authority (rule) Wilson v. Clay County, Mississippi
N.D. Miss. · 2024 · confidence medium
Wood v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir. 2001).
discussed Cited as authority (rule) Cavanaugh v. United States Army Corps of Engineers
E.D. La. · 2024 · confidence medium
Inc., 247 F.3d 229, 232 (5th Cir. 2001) (recognizing claim of harassment based on disability). recognized forms of discrimination.55 “A hostile work environment claim is composed of a series of separate acts that collectively constitute one ‘unlawful employment practice.’”56 To establish a prima facie case of harassment based on a protected basis, the plaintiff must show: (1) she belongs to a protected class; (2) she was subject to unwelcome harassment; (3) the harassment was based on the protected characteristic; (4) the harassment affected a “term, condition, or privilege” of emp…
discussed Cited as authority (rule) Reeves v. New Orleans City
E.D. La. · 2023 · confidence medium
Passenger Corp., 95 F.3d 396, 399-400 (5th Cir. 1996) (quoting Waltman v. International Paper Co., 875 F.2d 468, 479 (5th Cir. 1989)). 37 Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 299-300 (5th Cir. 2001). into Sergeant Charles’s conduct was completed and he was ultimately found to have violated NOPD workplace policies and demoted.
discussed Cited as authority (rule) Ares v. Aerotek, Inc.
W.D. Tex. · 2023 · confidence medium
In Woods, the plaintiff was harassed and reported that harassment to her employer, which took remedial action and instructed her to report any subsequent harassment.78 She was harassed again but failed to report it as instructed, which the 75 See Sharp, 164 F.3d at 930 . 76 Mot. at 4 (quoting Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 300 (5th Cir. 2001)) (internal quotation marks omitted) (cleaned up). 77 See id. at 4–5 (citing Woods, 274 F.3d 295 ; Sims v. Brown & Root Indus.
cited Cited as authority (rule) Bye v. MGM Resorts
5th Cir. · 2022 · confidence medium
Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir. 2001).
cited Cited as authority (rule) Lemonia v. Westlake Management Services Inc
W.D. La. · 2022 · confidence medium
Group, Inc., 274 F.3d 295, 301 (5th Cir. 2001).
discussed Cited as authority (rule) Davis v. Entergy Utility Enterprises, Inc.
S.D. Miss. · 2022 · confidence medium
Hostile Work Environment — Title VII and ADEA To state a claim for a hostile work environment under Title VII, a plaintiff must show: (1) the employee belonged to a protected class; (2) the employee was subject to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment affected a ‘term, condition, or privilege’ of employment; and (5) the employer knew or should have known of the harassment and failed to take prompt remedial action. , 274 F.3d 295, 298 (5th Cir. 2001).
cited Cited as authority (rule) Levier v. C B & I L L C
W.D. La. · 2022 · confidence medium
Employers “cannot be held liable for conduct of which [they] have no knowledge.” Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 299 (5th Cir. 2001).
discussed Cited as authority (rule) Leone v. Caddo Parish
W.D. La. · 2022 · confidence medium
The alleged conduct “must demonstrate a greater severity or pervasiveness of harassment than the minimum required to prove a hostile work environment claim.” Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 301 (5th Cir. 2001) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Landry v. Leesville Rehabilitation
5th Cir. · 2022 · confidence medium
Harvill v. Westward Commc’ns, L.L.C., 433 F.3d 428, 434 (5th Cir. 2005) (quoting Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir. 2001)).
cited Cited as authority (rule) Bye v. MGM Resorts International, Inc.
S.D. Miss. · 2021 · confidence medium
See id.; Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir. 2001).
discussed Cited as authority (rule) Belson v. Department of Interior
E.D. La. · 2021 · confidence medium
Specifically, he argues that Arnold would: ‘[B]ow up’ to or physically challenge Mr. Belson for no reason; Monitor Mr. Belson’s whereabouts on a daily basis; Invade Mr. Belson’s personal space and threaten Mr. Belson with physical violence; Give Mr. Belson ridiculous, untenable work deadlines to meet; Interrogate Mr. Belson to the point that Mr. Belson’s colleagues believed that Mr. Belson suffered from Parkinson’s 20 Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir. 2001). 21 Indest v. Freeman Decorating, Inc., 164 F.3d 258, 264 (5th Cir. 1999). 22 Shepherd v. Compt…
cited Cited as authority (rule) Lain v. Entergy Louisiana L L C
W.D. La. · 2021 · confidence medium
Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 299-300 (5th Cir. 2001).
discussed Cited as authority (rule) Saketkoo v. Tulane University School of Medicine
E.D. La. · 2020 · confidence medium
“A plaintiff may establish a Title VII violation by proving that sex discrimination has created a hostile or abusive working environment.” Woods v. Delta Beverage Grp., 274 F.3d 295, 298 (5th Cir. 2001) (citing Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 66 (1986)).
cited Cited as authority (rule) Dowdell v. Culpepper & Associates Security Services, Inc.
E.D. La. · 2020 · confidence medium
Appx. 328, 331 (5th Cir. 2014). 63 Id. at 332 (citing Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir. 2001)). 64 Joseph v. Phillips, 2014 WL 5429455 at *2 (E.D.
discussed Cited as authority (rule) Dyson v. Board of Supervisors of Southern University and A&M College
M.D. La. · 2020 · confidence medium
To establish a Title VII sexual harassment claim based on hostile work environment, the plaintiff-employee must show: (1) that he belongs to a protected class; (2) that he was subject to unwelcome sexual harassment; (3) that the harassment was based on sex; (4) that the harassment affected a “term, condition, or privilege” of employment; and (5) that the employer knew or should have known of the harassment and failed to take prompt remedial action.38 To affect a term, condition, or privilege of employment, the harassment must be “sufficiently severe or pervasive so as to alter the 35 Sap…
discussed Cited as authority (rule) Hooge v. Union Pacific Railroad Company
M.D. La. · 2020 · confidence medium
However, in cases 93 Faragher v. City of Boca Raton, 524 U.S. 775 (1998); Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998); Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (1998). 94 Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir. 2001) (citing Shepherd v. Comptroller of Public Accounts of the State of Tex., 168 F.3d 871, 873 (5th Cir. 1999)). 95 Nat'l R.R.
discussed Cited as authority (rule) Singleton v. City Marshal Office of Monroe
W.D. La. · 2020 · confidence medium
See Green v. Administrators of the Tulane Educational Fund, 284 F.3d 642, 655 (5th Cir. 2002); Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-99 (5th Cir. 2001); see also Frank v. Xerox Corp., 347 F.3d 130 (5th Cir. 2003); Brooks v. Firestone Polymers, L.L.C., 640 F. App’x 393, 399 (5th Cir. 2016).
discussed Cited as authority (rule) Rios v. Westport Linen Services, LLC
E.D. La. · 2019 · confidence medium
“To establish a hostile work environment claim, [Rios] must demonstrate that: (1) []he is member of a protected group; (2) []he was the victim of uninvited [racial] harassment; (3) the harassment was based on [race]; (4) the harassment affected a “term, condition, or privilege” of [Rios’s] employment; and (5) [his] employer knew or should have known of the harassment and failed to take prompt remedial action.” Harvill v. Westward Commc'ns, L.L.C., 433 F.3d 428, 434 (5th Cir. 2005) (citing Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir. 2001)).
discussed Cited as authority (rule) Lewis v. M7 Productions, LLC
M.D. La. · 2019 · confidence medium
To establish a Title VII sexual harassment claim based on hostile work environment, the plaintiff-employee must show: (1) that he belongs to a protected class; (2) that he was subject to unwelcome sexual harassment; (3) that the harassment was based on sex; (4) that the harassment affected a “term, condition, or privilege” of employment; and (5) that the employer knew or should have known of the harassment and failed to take prompt remedial action.”80 To affect a term, condition, or privilege of employment, the harassment must be “sufficiently severe or pervasive so as to alter the 77 …
discussed Cited as authority (rule) Alamo Heights Independent School District v. Catherine Clark
Tex. · 2018 · confidence medium
Of course, the Court’s concerns are unfounded because the TCHRA does not impose “strict liability” for gender-specific comments; it only prohibits “uninvited” or “unwelcome” harassment “because of sex.” Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir. 2001); Harvill, 433 F.3d at 434 .
discussed Cited as authority (rule) Towana Carr v. Sanderson Farms, Inc.
5th Cir. · 2016 · confidence medium
See Ramsey, 286 F.3d at 268 (providing the elements for a race-based hostile work environment claim); Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir. 2001) (per curiam) (listing the same elements for a sex-based claim of a hostile work environment). 14 .
discussed Cited as authority (rule) Texas Department of Family and Protective Services v. Wanda Whitman
Tex. App. · 2016 · confidence medium
Harvill v. Westward Commc’ns, L.L.C., 433 F.3d 428, 434 (5th Cir.2005) (internal quotation marks omitted) (quoting Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir.2001)); Mayfield v. Tarrant Beg’l Water Dist., 467 S.W.3d 706, 712 (Tex.App.-El Paso 2015, no pet.).
cited Cited as authority (rule) Johnson v. Fluor Corp.
M.D. La. · 2016 · confidence medium
Id. (quoting Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 300-01 (5th Cir.1999)). .
cited Cited as authority (rule) Martin v. Winn-Dixie Louisiana, Inc.
M.D. La. · 2015 · confidence medium
Harvill v. Westward Commc’ns, L.L.C., 433 F.3d 428, 434 (5th Cir.2005) (citing Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 298 (5th Cir.2001)).
cited Cited as authority (rule) Arango v. Telemundo El Paso
W.D. Tex. · 2013 · confidence medium
Fund, 284 F.3d 642, 655 (5th Cir.2002); Woods v. Delta Beverage Grp., 274 F.3d 295, 298-99 (5th Cir.2001)).
discussed Cited as authority (rule) Davis v. River Region Health Systems
S.D. Miss. · 2012 · confidence medium
“An employee’s decision to refrain from informing the employer about the harassment will be excused ‘once it becomes objectively obvious that the employer has no real intention of stopping the harassment,’ as such reporting is ‘wasted motion.’ ” Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 655-56 (5th Cir.2012) (quoting Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 300-01 (5th Cir.2001)).
discussed Cited as authority (rule) Harrell v. Orkin, LLC
E.D. La. · 2012 · confidence medium
Finally, “[a]n employee who resigns without affording the employer a reasonable opportunity to address [his] concerns has not been constructively discharged.” Williams v. Barnhill’s Buffet Inc., 290 Fed.Appx. 759, 762 (5th Cir.2008); Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 301 (5th Cir.2001).
discussed Cited as authority (rule) Hernandez v. Yellow Transp., Inc. (2×) also: Cited "see"
5th Cir. · 2012 · confidence medium
An employee's decision to refrain from informing the employer about the harassment will be excused "once it becomes objectively obvious *656 that the employer has no real intention of stopping the harassment," as such reporting is "wasted motion." Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 300-01 (5th Cir.2001).
discussed Cited as authority (rule) Corley v. State Ex Rel. Division of Administration, Office of Risk Management
M.D. La. · 2011 · confidence medium
Harris v. Forklift Systems, Inc., 510 U.S. 17 , 114 S.Ct. 367, 370 , 126 L.Ed.2d 295 (1993); Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-99 (5th Cir.2001); Felton v. Polles, 315 F.3d 470 (5th Cir.2002); Assamad v. Percy Square and Diamond Foods, LLC, 2007-1229 (La.
discussed Cited as authority (rule) Donelson v. DuPont Chambers Works (2×)
N.J. · 2011 · confidence medium
Shepherd, supra, 174 N.J. at 28-29 , 803 A.2d 611 (citing EEOC v. Univ. of Chicago Hosps., 276 F.3d 326, 331-32 (7th Cir.2002); Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 301 (5th Cir.2001)); see Pa. State Police v. Suders, 542 U.S. 129, 141 , 124 S.Ct. 2342, 2351 , 159 L.Ed.2d 204, 216 (2004) (noting that constructive discharge “inquiry is objective: Did working conditions become so intolerable that a reasonable person in the employee’s position would have felt compelled to resign?”).
discussed Cited as authority (rule) Hernandez v. Yellow Transportation, Inc. (2×) also: Cited "see"
5th Cir. · 2011 · confidence medium
An employee’s decision to refrain from informing the employer about the harassment will be excused “once it becomes objectively obvious *656 that the employer has no real intention of stopping the harassment,” as such reporting is “wasted motion.” Woods v. Delta Beverage Grp., Inc., 274 F.3d 295, 300-01 (5th Cir.2001).
cited Cited as authority (rule) Hollins v. PREMIER FORD LINCOLN MERCURY, INC.
N.D. Miss. · 2011 · confidence medium
Harris v. Forklift Sys., Inc., 510 U.S. 17, 21 , 114 S.Ct. 367 , 126 L.Ed.2d 295 (1993); Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-99 (5th Cir.2001).
cited Cited as authority (rule) Alleman v. Louisiana, Department of Economic Development
M.D. La. · 2010 · confidence medium
Harris v. Forklift Systems, Inc., 510 U.S. 17 , 114 S.Ct. 367, 370 , 126 L.Ed.2d 295 (1993); Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-99 (5th Cir.2001).
cited Cited as authority (rule) Hancock v. BARRON BUILDERS & MANAGEMENT CO., INC.
S.D. Tex. · 2007 · confidence medium
Harvill v. Westward Commc’ns, L.L.C., 433 F.3d 428, 434 (5th Cir.2005) (citing Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir.2001)).
cited Cited as authority (rule) Albino Agosto v. Ángel Martínez, Inc.
prsupreme · 2007 · confidence medium
Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-299 (5to Cir. 2001).
examined Cited as authority (rule) LeMaire v. Louisiana Department of Transportation & Development (6×) also: Cited "see"
5th Cir. · 2007 · confidence medium
Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir.2001).
cited Cited as authority (rule) McCullough v. Kirkum
5th Cir. · 2006 · confidence medium
Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-99 (5th Cir.2001). 7 .
discussed Cited as authority (rule) Wilkinson v. Potter (2×)
M.D. La. · 2006 · confidence medium
No. 69. 25 . 274 F.3d 295, 298 (5th Cir.2001). 26 .
discussed Cited as authority (rule) Speedway SuperAmerica, LLC v. Dupont (2×) also: Cited "see, e.g."
Fla. Dist. Ct. App. · 2006 · confidence medium
Woods v. Delta Beverage Group., Inc., 274 F.3d 295, 300-01 (5th Cir.2001). [34] *99 Of course, employers should investigate when employees allege they have been sexually harassed.
cited Cited as authority (rule) Harvill v. Westward Communications, L.L.C.
5th Cir. · 2005 · confidence medium
Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298 (5th Cir. 2001).
cited Cited as authority (rule) Septimus v. University of Houston
5th Cir. · 2005 · confidence medium
Green v. Administrators of the Tulane Educational Fund, 284 F.3d 642, 655 (5th Cir.2002); Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 298-99 (5th Cir.2001). 31 .
discussed Cited as authority (rule) Septimus v. University of Houston
5th Cir. · 2005 · confidence medium
Co. of Am. v. Baptist Health Sys., 313 F.3d 295, 297 (5th Cir.2002). 19 Fed.R.Civ.P. 56(c); Hunt v. Cromartie, 526 U.S. 541, 549 , 119 S.Ct. 1545 , 143 L.Ed.2d 731 (1999). 20 Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). 21 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 22 530 U.S. 133 , 120 S.Ct. 2097 , 147 L.Ed.2d 105 (2000) 23 Reeves, 530 U.S. at 142 , 120 S.Ct. at 2106 ; Okoye v. The University of Texas Houston Health Science Center, 245 F.3d 507, 512 (5th Cir.2001). 24 Okoye, 245 F.3d at 512 . 25 Id. 26 Id. at 512-13 ; Shackelford v. Deloit…
discussed Cited as authority (rule) Donaldson v. Burlington Indust
5th Cir. · 2004 · confidence medium
“To prove a constructive discharge, [Appellant] must show that a reasonable person in her shoes would have felt compelled to resign.” Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 301 (5th Cir. 2001) (internal quotation marks omitted).
cited Cited as authority (rule) Harvill v. Westward Communications, LLC
E.D. Tex. · 2004 · confidence medium
Woods v. Delta Beverage Group, Inc., 274 F.3d 295, 300 (5th Cir.2001).
Retrieving the full opinion text from the archive…
Georgia M. WOODS, Plaintiff-Appellant,
v.
DELTA BEVERAGE GROUP, INC., Doing Business as Delta Beverage Company, Defendant-Appellee
01-30673.
Court of Appeals for the Fifth Circuit.
Dec 11, 2001.
274 F.3d 295
2001 U.S. App. LEXIS 26368
2001 WL 1491001
Bryce J. Denny, Cook, Yancey, King & Galloway, Shreveport, LA, for Plaintiff-Appellant., Thomas J. McGoey, II, Liskow & Lewis, New Orleans, LA, for Defendant-Appellee.
Demoss, Parker, Dennis.
Cited by 80 opinions  |  Published
PER CURIAM:

The Plaintiff, Georgia M. Woods (“Woods”), asserts claims for sexual harassment in violation of Title VII and Louisiana law and constructive discharge. The issue on appeal is whether Woods’ failure to notify the Defendant Delta Beverage Company (“Delta Beverage”) about ongoing harassment after the July 7, 1998 meeting prevents her from surviving summary judgment on her hostile working environment claim. We conclude that the hostile working environment claim does not survive summary judgment because Woods did not follow the established company procedure for remedying her complaints.

I. FACTS AND PROCEDURAL HISTORY

Woods began working as a part-time telephone sales clerk for Delta Beverage on June 18, 1998. She started as a temporary employee working through a temporary employment agency. Delta Beverage hired her as a Delta Beverage employee a few weeks later. Woods quit working for Delta Beverage on July 22,1998.

Woods alleged that she was sexually harassed by a co-employee, Gary Eddy, on a daily basis during the course of her employment at Delta Beverage. She contends that, on a daily basis, Eddy rubbed her shoulders and neck. She also contends that Eddy touched her hair on one occasion, held her hand on one occasion, kissed her hand on one occasion, and touched her blouse on one occasion. Woods also contends that Eddy telephoned her home six to eight times. However, she did not answer any of these calls. [1]

On July 6, Woods informed another employee, Nicy Gordon (“Gordon”), that she was being harassed by Eddy and could not put up with Eddy putting his hands on her anymore. At first, Gordon informed her that she did not know what to do because her supervisor, Greg Barrett, was on vacation. However, later that day, Gordon asked Woods to come into work the next day for a meeting about the subject.

On July 7, Eric Sherer and Bobby Smith, Delta Beverage district managers, investigated Woods’ complaints concerning Eddy’s behavior. Scherer and Smith met separately with Woods and Eddy. They informed Eddy that his conduct was inap[*298] propriate and that his actions would be noted in his employment file. They also warned him that further similar behavior would lead to disciplinary action, including termination. They told Woods that she should notify them immediately if Eddy engaged in further inappropriate behavior.

On July 8, Woods worked with Eddy all day long. At the end of the day, one of the district managers called Woods. He asked her if she was comfortable with the way the situation had been handled, and, if she had experienced further problems with Eddy. She informed him that she had not had any problems with Eddy on that day.

Woods worked at Delta Beverage for two more weeks. During this time period, Woods contends that Eddy continued his unwelcome touching. However, Woods did not report the touching to Smith, Scherer, or anyone else at Delta' Beverage. On July 23, Woods did not report to work. Gordon called to inquire why. Woods informed Gordon that she was not feeling well.

Woods missed several more days of work. Delta Beverage attempted to contact her several times to find out why. She never returned their calls, and never showed up for work again.

On June 19, 2000, Woods filed suit against Delta Beverage in a Western District of Louisiana federal court. The complaint asserted hostile work environment and constructive discharge claims based upon Eddy’s conduct. On May 31, 2001, the district court granted Delta Beveragé’s motion for summary judgment on all claims. The district court concurrently entered final judgment for Delta Beverage. Woods subsequently filed a timely notice of appeal.

II. JURISDICTION

Woods appeals from the district court’s final judgment dismissing with prejudice all of her claims. Thus, we have jurisdiction under 28 U.S.C. § 1291.

III. STANDARD OF REVIEW

We review a district court’s decision to grant summary judgment de novo, applying the same standards as the district court. Walker v. Thompson, 214 F.3d 615, 624 (5th Cir.2000). Summary judgment is proper when there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c). Evidence is viewed in the light most favorable to the nonmoving party and all reasonable inferences are drawn in its favor. Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

IV. DISCUSSION

A. Hostile Working Environment

A plaintiff may establish a Title VII violation by proving that sex discrimination has created a hostile or abusive working environment. Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 66, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986). In order to establish a hostile working environment claim, a plaintiff must prove five elements: (1) the employee belonged to a protected class; (2) the employee was subject to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment affected a “term, condition, or privilege” of employment; and (5) the employer knew or should have known of the harassment and failed to take prompt remedial action. [2] Shepherd v. Comptroller [*299] of Public Accounts of the State of Texas, 168 F.3d 871, 873 (5th Cir.1999).

In the instant case, Woods has satisfied the first three elements. Therefore, only two issues need be addressed: (1) whether Woods has raised a genuine issue of material fact that the alleged harassment was severe or pervasive enough to alter a “term, condition, or privilege” of her employment; and (2) whether Woods has raised a genuine issue of material fact that Delta Beverage failed to take prompt remedial action.

1. Did Eddy’s harassment affect a “term, condition, or privilege” of Woods’ employment?

In order to be actionable, Eddy’s harassment must have created an environment that a reasonable person would find hostile or abusive. Whether a reasonable person would find the environment to be hostile or abusive should be evaluated by looking at the totality of the circumstances. This includes the frequency of the discriminatory conduct, its severity, whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance. Harris v. Forklift Systems, Inc., 510 U.S. 17, 21-22, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993).

The district court determined that a reasonable person would not have found Eddy’s actions to be either hostile or abusive for two reasons. First, the court noted that Woods was only subjected to unwelcome touching for a few minutes each day. Second, the court found that Woods had failed to address how or if her work performance was affected by Eddy’s roving hands.

Whether the complained of conduct qualifies as severe or pervasive under our hostile working environment jurisprudence is a close question. Because the district court’s decision can be upheld based upon the prompt remedial action element, we need not rule on whether a reasonable woman could deem Eddy’s conduct to be severe enough to alter the terms or conditions of her employment. However, we will assume arguendo that Woods has raised a fact issue on the fourth element.

2. Prompt Remedial Action

Woods admits that she first reported Eddy’s actions to company personnel on July 6. The next day a meeting took place to address the alleged harassment. Delta Beverage told Eddy to stop his conduct or face further disciplinary action, including termination. Delta Beverage told Woods to inform Smith or Scherer if further unwelcome touching occurred. Woods admits that she never informed them of any further problems with Eddy.

Because we view the facts in the light most favorable to Woods, we assume that Eddy continued to harass Woods after the July 7 meeting. Even so, Delta Beverage cannot be held liable for conduct of which it had no knowledge. Woods had the obligation to report the alleged harassment to Delta Beverage as she had been[*300] instructed. Her failure to do so is fatal to her case. [3]

Woods bases her contention that Delta Beverage failed to take prompt remedial action on two factors. First, she claims that Gordon told her that Gordon and another female employee had been been subject to inappropriate behavior by Eddy. Woods claims this demonstrates that Delta Beverage had prior knowledge of Eddy’s proclivities toward unwelcome touching.

Even if Gordon’s statements could be deemed admissible evidence and accepted as true, her argument fails. It is undisputed that Eddy’s harassment always occurred in private. Moreover, there is no evidence to suggest that any employee reported any Eddy harassment to Delta Beverage prior to Woods’ July 6 report. Therefore, there is no basis for a finding that Delta Beverage had knowledge of Eddy’s proclivity towards unwelcome touching prior to July 6.

Second, Woods contends that Delta Beverage should be liable because the actions the company took against Eddy on July 7 did not stop the harassment. This argument is also without merit. On July 7, Delta Beverage was not legally obligated to fire Eddy or separate him from work interaction with Woods. See Mota v. University of Texas Houston Health Science Center, 261 F.3d 512, 525 (noting that an employer need not use the most serious sanction available to punish a sexual harassment offender). Delta Beverage took prompt remedial action because (1) district managers told Eddy to stop the unwelcome touching and informed him that failure to do so would result in further discipline, including termination; (2) on July 8, a manager asked Woods whether the harassment had stopped and was told there were “no problems on that day”;- and (3) supervisors told Woods to inform them of any further harassment. [4]

Of course, there is a point at which an employer will be liable for failing to end harassment notwithstanding their admonitions to the employee to report further harassment to company supervisors. For example, assume that Woods had informed Delta Beverage after July 7 that Eddy was continuing to harass her. Assume further that Delta Beverage responded by simply giving Eddy another verbal warning and telling Woods to inform the supervisors if the harassment continues. At that point, Woods might have an objective basis for concluding that further reports of harassment would be futile. Under this hypothetical scenario, Delta Beverage’s contention that Woods should be required to again inform the company that Eddy was harassing her would be less persuasive because it would seem as though the com[*301] pany did not really intend to stop the harassment. Stated another way, once it becomes objectively obvious that the employer has no real intention of stopping the harassment, the harassed employee is not obliged to go through the wasted motion of reporting the harassment. Clearly, however, that was not the situation in the case at bar.

In short, Delta Beverage took reasonable steps on July 7 to correct the harassment. Woods had an obligation to give the company another opportunity to remedy the problem before deciding that she could not work there anymore. Therefore, Woods has not raised a genuine fact issue on the prompt remedial action element.

B. Constructive Discharge

To prove a constructive discharge, Woods must show that a “reasonable person in [her] shoes would have felt compelled to resign.” Faruki v. Parsons, S.I.P., Inc., 123 F.3d 315, 319 (5th Cir.1997). Moreover, to be actionable, Woods must demonstrate a “greater severity or pervasiveness of harassment than the minimum required to prove a hostile work environment claim.” Benningfield v. City of Houston, 157 F.3d 369, 378 (5th Cir.1998).

As a matter of law, the type of harassment experienced by Woods does not satisfy this higher standard. A reasonable woman experiencing the type of harassment complained of by Woods would not have felt compelled to resign. A reasonable woman would have felt compelled to report Eddy’s alleged post-July 7 harassment to her supervisors. Therefore, we find that the district court did not err in granting summary judgment on Woods’ constructive discharge claim.

V. CONCLUSION

Woods has not raised a genuine issue of fact on the prompt remedial action element. Therefore, her hostile working environment claim under both Title VII and Louisiana statutory law fails as a matter of law. The constructive discharge claim also fails as a matter of law. Therefore, the district court’s judgment is AFFIRMED.

1

. Woods claims that the phone calls were from Eddy because a Delta Beverage phone number showed up on her caller ID.

2

. In Watts v. Kroger Co., 170 F.3d 505, 509 (5th Cir.1999), we drew a distinction between cases in which an employee asserts a Title VII sexual harassment claim alleging that a su[*299] pervisor with immediate (or successively higher) authority harassed her and cases in which the harasser is a co-worker. In the former situation, the employee need only satisfy the first four elements of the aforementioned test. Id. In the latter situation, we made clear that the employee must satisfy all five elements. Id. at 509, n. 3. Here, it is undisputed that Eddy was a route settlement clerk with no supervisory authority over Woods. Indeed, Appellant's brief repeatedly refers to Eddy as merely a co-worker. Therefore, Woods must satisfy all five elements.

3

. In Title VII sexual harassment cases where the alleged harasser is a supervisor, an employer may assert the following affirmative defense: (1) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (2) the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise. Burlington Ind. v. Ellerth, 524 U.S. 742, 765, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). As mentioned previously, this is not a supervisor liability case. However, the second prong of the affirmative defense is instructive to our "co-worker” liability case. To avoid further harm after July 7, Woods needed to reasonably take advantage of the corrective opportunities provided by her employer. Woods cannot have expected Delta Beverage to solve her problem when it had no knowledge that she continued to suffer harassment.

4

. Whether Woods received a copy of Delta Beverage's sexual harassment policy is irrelevant because Woods had actual knowledge of what she should do if Eddy engaged in further inappropriate touching.