Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Howard v. Cook County Sheriff's Office

Docket: 20-1723

Opinion Date: March 4, 2021

Judge: St. Eve

Areas of Law: Civil Procedure, Civil Rights, Class Action

Women who work at the Cook County Jail or the adjoining courthouse filed a class-action suit against their employers for failing to prevent male inmates from sexually harassing them. The district court certified a class comprising all non‐supervisory female employees who work with male inmates at the jail or courthouse, of whom there are about 2,000. On interlocutory appeal, the Seventh Circuit held that the district court abused its discretion in certifying the class under Rule 23. The court’s primary error was using the peripheral and overbroad concept of “ambient harassment” (i.e., indirect or secondhand harassment) to certify a class of employees who have endured a wide range of direct and indirect harassment. Even without this error, the class cannot stand because it comprises class members with materially different working environments whose claims require separate, individualized analyses. Hostile work environment claims are fact-intensive. They turn on the frequency, severity, character, and effect of the harassment. Here, these are “worker‐specific” inquiries because they depend on a class member’s unique experience—which correlates to where she works. Some class members will have had comparable experiences but the plaintiffs have not proven that for the entire class.