Todd v. Ortho Biotech, Inc.’s Empirical Analysis
175 F.3d 595 · 1999
Citation profile
18 federal appellate · 3 district ·
How this case has been cited
Cited by 35 later decisions — most recently December 2010 · most notably Ogden v. Wax Works, Inc. (2000), Walton v. Johnson & Johnson Services, Inc. (2003)
18 federal appellate · 3 district ·
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. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Faragher v. City of Boca Raton · Monge v. California · Burlington Industries, Inc. v. Ellerth · Indest v. Freeman Decorating, Inc. · United States v. Foster
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[the Faragher/Ellerth ] defense, adopted in cases that involved ongoing sexual harassment in a workplace, may not protect an employer from automatic liability in cases of single, severe, unanticipatable sexual harassment unless, for example, the harassment does not ripen into an actionable hostile work environment claim until the employer learns that the harassment has occurred and fails to take proper remedial action.”
5 later decisions quote this exact passage · from the majority“When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages ... [which] comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.”
2 later decisions quote this exact passage · from the majority“for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the [victimized] employee.”
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.