Indest v. Freeman Decorating, Inc.’s Empirical Analysis
164 F.3d 258 · 1999
Citation profile
28 federal appellate · 5 district · 10 state decisions
How this case has been cited
Cited by 131 later decisions — most recently August 2022 · most notably Gupta v. Florida Board of Regents (2000), Mendoza v. Borden, Inc. (1999)
28 federal appellate · 5 district · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964)
Relies on Celotex Corporation v. Catrett H · Harris v. Forklift Systems, Inc. · Meritor Savings Bank, FSB v. Vinson · Faragher v. City of Boca Raton · Oncale v. Sundowner Offshore Services, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 131 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]hen [an employee] promptly complains about a supervisor’s inappropriate sexual actions, she can thwart the creation of a hostile work environment, to the extent redress is sought, is justified, and is adequately provided by the company, the complained-of incidents will not likely have become severe or pervasive enough to create an actionable Title VII claim. This result effectuates the purpose of Title VII, which cannot guarantee civility in the American workplace but, at its best, inspires prophylactic measures to deter unwanted sexual harassment. By promptly invoking a company’s grievance procedure, [an employee] has received the benefit Title VII was meant to confer. In such cases, an actionable hostile environment claim will rarely if ever have matured.”
3 later decisions quote this exact passage · from the majority“[Ellerth and Faragher ] both involve complaints of longstanding supervisor misbehavior, and the plaintiffs either never utilized or claimed not to be aware of the company policies. But for purposes of imposing vicarious liability, a case presenting only an incipient hostile environment corrected by prompt remedial action should be distinct from a case in which a company was never called upon to react to a supervisor’s protracted or extremely severe acts that created a hostile environment.”
3 later decisions quote this exact passage · from the majority“[a]ll the sexual hostile work environment cases decided by the Supreme Court has involved patterns or allegations of extensive, long lasting, unredressed and uninhibited sexual threats or conduct that permeated the plaintiffs work environment.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.