Kenneh v. Homeward Bound, Inc., A18-0174

Published: Nov. 12, 2019, 3 p.m.

b'Appellant Assata Kenneh brought an action against her former employer, Homeward Bound, Inc., which included a claim for sexual harassment under the Minnesota Human Rights Act (MHRA), Minn. Stat. \\xa7\\xa7 363A.01\\u2013.44 (2018). The district court granted summary judgment to Kenneh\\u2019s employer, concluding that the conduct alleged \\u201cdoes not constitute pervasive, hostile conduct that changes the terms of employment and exposes an employer to liability\\u201d for a hostile work environment under the MHRA.\\n\\nOn appeal, Kenneh argued that the district court erred by failing to make factual inferences in her favor and applying the incorrect legal standard. Kenneh also asked the court of appeals to abandon the \\u201csevere or pervasive\\u201d standard for sexual harassment claims based on a hostile work environment. The court of appeals affirmed.\\n\\nOn appeal to the supreme court, the issues presented are: (1) whether Minnesota should abandon the \\u201csevere or pervasive\\u201d standard for sexual harassment claims under the MHRA; (2) alternatively, whether Kenneh experienced severe or pervasive sexual harassment; (3) whether Kenneh\\u2019s employer took sufficient remedial action such that summary judgment was proper; and (4) whether Kenneh\\u2019s employer should be subject to a heightened standard of liability under the employer\\u2019s harassment and offensive behavior policy. (Hennepin County)'