Manisha Singh v. Memorial Sloan Kettering Cancer Center, et al.

Clarification of the “Severe or Pervasive” Standard. Title VII prohibits discrimination in the “terms, conditions, or privileges of employment” because of sex. 42 U.S.C. § 2000e-2(a)(l). In Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), and Harris v. Forklift Sys., Inc., 510 U.S. 17 (1993), this Court held that a hostile work environment exists when harassment is “sufficiently severe or pervasive to alter the conditions of employment.” The circuits, however, apply this standard inconsistently: some require extreme or repeated conduct, while others allow juries to consider fewer but severe incidents or persistent gender-based slurs. Question U Whether this Court should clarify or modify the “severe or pervasive” standard to ensure uniform national protection under Title VII.

Entrenched Circuit Conflict. The Eighth Circuit in Paskert v. Kemna ASA Auto Plaza, Inc., 950 F.3d 535 (8th Cir. 2020), held that repeated sexist remarks and unwanted touching were not actionable, while the Seventh Circuit in Passananti v. Cook County, 689 F.3d 655 (7th Cir. 2012), held that repeated use of the word “bitch” could establish a hostile environment. The First {Gerald v. Univ. ofP.R., 707 F.3d 7 (1st Cir. 2013)) and Ninth Circuits {Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991)) have likewise adopted broader approaches. Question 2- Whether review is warranted to resolve the entrenched circuit split regarding the application of Title VIPs “severe or pervasive” standard.