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

QUESTION PRESENTED Under Harris v. Forklift Systems, Inc., sexual harassment is unlawful under Title VI, inter alia, if the harassment created an objectively hostile work environment. The question presented is: 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? i PARTIES The petitioner is Jennifer Paskert. The respondents are Kemna-Asa Auto Plaza, Inc., doing business as Auto Smart of Spirit Lake, Brent Burns, Brent Weringa, Auto$mart, Inc. Kenneth Kemna, and Kemna Motor Company. ii