Whidbee v. Garzarelli Food Specialties, Inc.’s Empirical Analysis
223 F.3d 62 · 2000
Citation profile
57 federal appellate · 29 district · 5 state decisions
How this case has been cited
Cited by 348 later decisions — most recently April 2025 · most notably Terry v. Ashcroft (2003), Patterson v. County of Oneida (2004)
57 federal appellate · 29 district · 5 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. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Harris v. Forklift Systems, Inc. · Monge v. California · Patterson v. McLean Credit Union · Burlington Industries, Inc. v. Ellerth · Tomka v. Seiler Corp.
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 348 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he fact that the law requires harassment to be severe or pervasive before it can be actionable does not mean that employers are free from liability in all but the most egregious of cases.”
35 later decisions quote this exact passage · from the concurrence“A plaintiff may maintain a § 1981 claim against an individual defendant as long as the plaintiff can demonstrate some affirmative link to causally connect the actor with the discriminatory action.”
5 later decisions quote this exact passage · from the dissent“deliberate action on the part of the employer.... [S]omething beyond mere negligence or ineffectiveness is required.”
4 later decisions quote this exact passage · from the concurrence
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.