La Day v. Catalyst Technology, Inc.’s Empirical Analysis

Citation profile

13 federal appellate · 5 district · 6 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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “credible evidence that the harasser was homosexual”

   3 later decisions quote this exact passage · from the majority
   e.g. 375 F. Supp. 2d 524 - Walker v. SBC Services, Inc. · 972 F. Supp. 2d 1359 - Moore v. Treatment Centers of America Group, LLC

2. “Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual activity; it is reasonable to assume those proposals would not have been made to someone of the same sex. The same chain of inference would be available to a plaintiff alleging same-sex harassment, if there were credible evidence that the harasser was homosexual. But harassing conduct need not be motivated by sexual desire to support an inference of discrimination on the basis of sex. A trier of fact might reasonably find such discrimination, for example, if a female victim is harassed in such sex-specific and derogatory terms by another woman as to make it clear that the harasser is motivated by general hostility to the presence of women in the workplace. A same-sex harassment plaintiff may also, of course, offer direct comparative evidence about how the alleged harasser treated members of both sexes in a mixed-sex workplace. Whatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive sexual connotations, but actually constituted discrimination because of sex.”

   2 later decisions quote this exact passage · from the majority
   e.g. 768 F. Supp. 2d 883 - Equal Employment Opportunity Commission v. Boh Bros. Construction Co. · Chavez v. Thomas & Betts Corp.

3. “ultimately ... decide[s] which side has the greater weight of the evidence”

   2 later decisions quote this exact passage · from the majority
   e.g. Dejoria v. Exploration · John DeJoria v. Maghreb Petroleum Expl, S.A., et a