Hafner v. Conoco, Inc.’s Empirical Analysis

Citation profile

4 district · 8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) ndependent assessment of the risk of substantial harm is evaluation by the employer of the probability and severity of potential injury in the circumstances, taking into account all relevant information regarding the work and medical history of the person with the disability before taking the adverse employment action in question.”

   2 later decisions quote this exact passage · from the majority
   e.g. McDonald v. Department of Environmental Quality · Reinhardt v. Burlington Northern Santa Fe Railroad

2. “If a [claimant] has established a prima facie case with direct evidence of unlawful discrimination ... the respondent must prove by a preponderance of the evidence that an unlawful motive played no role in the challenged action or that the direct evidence of discrimination is not credible and is unworthy of belief.”

   1 later decision quote this exact passage · from the majority
   e.g. Montana Fair Housing, Inc. v. City of Bozeman

3. “the employer's failure to independently assess whether the accommodation would create a reasonable probability of substantial harm will create a disputable presumption that the employer's justification is a pretext for discrimination on the basis of disability.”

   1 later decision quote this exact passage · from the majority
   e.g. McDonald v. Department of Environmental Quality