34 Ohio App. 3d 320 - In Re Brantley’s Empirical Analysis

Citation profile

4 federal appellate · 12 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the employee was a member of a protected class; (2) the employee was subjected to unwelcome sexual harassment in the form of sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature; (3) the harassment complained of was based upon sex; (4) the charged sexual harassment had the effect of unreasonably interfering with the plaintiffs work performance and creating an intimidating, hostile, .or offensive working environment that affect seriously the psychological well-being of the plaintiff; and (5) the existence of respondeat superior liability.”

   1 later decision quote this exact passage
   e.g. 64 Ohio App. 3d 480 - Scandinavian Health Spa v. Civil Rights Commission

2. “First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.”

   1 later decision quote this exact passage
   e.g. 302 F. Supp. 2d 854 - Wortham v. Integrated Health Services