McCue v. State of Kansas Department of Human Resources’s Empirical Analysis

Citation profile

24 federal appellate · 12 district · 4 state decisions

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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “retaliation is the sole basis on which you may award damages”

   2 later decisions quote this exact passage · from the majority
   e.g. Greene v. Safeway Stores, Inc. · Greene v. Safeway Stores, Inc.

2. ““[42 U.S.C. § ] 2000e-5(g) allows the court to award ‘equitable relief as [it] deems appropriate,’ for Title VII violations. Such relief explicitly includes back pay, although no mention is made of front pay. 42 U.S.C. § 1981a permits the award of punitive and compensatory damages as a matter of law for actions brought under Title VII. However, that same section expressly excludes from the allowed compensatory damages ‘backpay, interest on backpay, or any other type of relief authorized under [42 U.S.C. § 2000e-5(g) ].’ Section 1981a does allow compensatory damages for, among other things, ‘future pecuniary loss.’ “Damages awarded under section 2000e-5(g) are equitable relief to be determined by the court, while damages awarded under section 1981a are legal damages that may be submitted to a jury. The District Court held that front pay is included in ‘future pecuniary loss,’ and thus is a form of legal damages to be determined by the jury. The State contends this holding is in error, because front pay is an ‘other type of relief authorized under [section 2000e-5(g) ],’ and thus expressly excluded from the available relief under section 1981a. “The District Court .held that Congress knew how to expressly exclude back pay from the available relief under section 1981a, and could have similarly expressly excluded front pay if that were its intent. Furthermore, by including ‘future pecuniary loss’ among the available relief, section 1981a’s plain language permits front pay. This a”

   1 later decision quote this exact passage · from the majority
   e.g. 78 F. Supp. 2d 1246 - Kennedy v. Alabama State Board of Education

3. “front pay is a form of equitable relief available under 42 U.S.C. § 2000e- 5(g), to be awarded by the judge not the jury”

   1 later decision quote this exact passage · from the majority
   e.g. United States Equal Employment Opportunity Commission v. W&O, Inc.