Felicia PERRY, Plaintiff-Appellant, v. HARRIS CHERNIN, INC., Defendant-Appellee

I agree with the majority that Felicia Perry’s claim of sex discrimination, in the form of sexual harassment by store manager John Jackson, was correctly denied under the narrowest grounds supported by a majority of the court in our recent en banc decisions in Jansen v. Packaging Corp. of America and Ellerth v. Burlington Industries, 123 F.3d 490 (7th Cir.1997) (“Jansen”). I write simply to explain how I would apply the Jansen standards to Perry’s case, and briefly how the approach I outlined in Jansen would apply.

First, taking the facts brought out at trial in the light most favorable to…