No. 20-27

Jennifer Paskert v. Kemna-ASA Auto Plaza, Inc., dba Auto Smart of Spirit Lake, et al.

Lower Court: Eighth Circuit
Docketed: 2020-07-20
Status: Denied
Type: Paid
Experienced Counsel
Tags: circuit-split civil-rights employment-discrimination hostile-work-environment reasonable-person reasonable-person-standard sexual-harassment title-vii
Latest Conference: 2020-12-04
Question Presented (from Petition)

Assuming the other elements of a Title VII claim are present, is sexual harassment
(1) unlawful if a reasonable person would conclude, in light of all the circumstances, that
the harassment created a hostile environment, the rule in most circuits, or
(2) unlawful only if the harassment is "more egregious" than the worst harassment ever
held lawful in any prior decision in the relevant court of appeals, the rule in the Eighth
and Fifth Circuits?

Question Presented (AI Summary)

Whether sexual harassment is unlawful under Title VII if a reasonable person would conclude the harassment created a hostile environment, or only if the harassment is 'more egregious' than the worst harassment previously held lawful

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
Reply of petitioner Jennifer Paskert filed. (Distributed)
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-10-28
Motion to delay distribution of the petition for a writ certiorari until November 10, 2020 granted.
2020-10-23
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from November 4, 2020 to November 10, 2020, submitted to The Clerk.
2020-10-16
Brief of respondents Kemna-ASA Auto Plaza, Inc., et al. in opposition filed.
2020-10-05
Motion to extend the time to file a response is granted and the time is further extended to and including October 19, 2020, for all respondents.
2020-10-02
Motion to extend the time to file a response from October 5, 2020 to October 19, 2020, submitted to The Clerk.
2020-08-19
Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2020, for all respondents.
2020-08-18
Motion to extend the time to file a response from August 19, 2020 to October 5, 2020, submitted to The Clerk.
2020-07-13
Petition for a writ of certiorari filed. (Response due August 19, 2020)

Attorneys

Jennifer Paskert
Eric SchnapperUniv. of Washington School of Law, Petitioner
Kemna-ASA Auto Plaza, Inc., et al.
Bret Alan DublinskeFredrikson & Byron, P.A., Respondent