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Cathy Sellars, et al. v. CRST Expedited, Inc.

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 19-2708 · judgment September 8, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–10%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, an Eighth Circuit decision below, and a dissent in the court below (flagged in the petition), and down for a business respondent.

Question presented

  1. Section 703(a) of Title VII forbids an employer to discriminate against an employee on the basis of sex. An employer is liable for co-worker sexual harassment if the employer was negligent in its response to a complaint about such harassment. The question presented is: Where an employee complains to her employer about sexual harassment, does the employer fully satisfy its legal obligation under Title VII if it stops the harassment of that employee by the particular harasser complained of (the rule in the Eighth Circuit), or must the employer also take action to deter future harassment by other potential harassers (the standard in the Ninth and Tenth Circuits)?

  2. Section 704(a) of Title VII forbids an employer to “discriminate against” an employee who opposes discrimination forbidden by section 703 of Title VII. Under the employer’s policy in this case, the court of appeals noted, “complaining of sexual harassment would directly lead to a net decrease in pay.” The question presented is: If under an employer’s policy a complaint of sexual harassment would “directly lead to a net decrease in pay” to the complaining employee, is that policy a per se violation of section 704(a), regardless of the employer’s motivation in adopting the policy?

Counsel of record

For petitioner
Eric Schnapper
Univ. of Washington School of Law

For respondent
John H. Mathias Jr.
Jenner and Block LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Feb 21 2022
    Reply of petitioners Cathy Sellars, et al. filed. (Distributed)
  4. Feb 07 2022
    Brief of respondent CRST Expedited, Inc. in opposition filed.
  5. Dec 29 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2022.
  6. Dec 27 2021
    Motion to extend the time to file a response from January 7, 2022 to February 7, 2022, submitted to The Clerk.
  7. Dec 06 2021
    Petition for a writ of certiorari filed. (Response due January 7, 2022)