Doe v. Dairy’s Empirical Analysis
456 F.3d 704 · 2006
Citation profile
16 federal appellate · 6 district · 5 state decisions
How this case has been cited
Cited by 64 later decisions (4 by the Supreme Court) — most recently March 2021 · most notably Vance v. Ball State Univ. (2013), Montgomery v. American Airlines, Inc. (2010)
16 federal appellate · 6 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 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964) · 5 U.S.C. § 704
Relies on McDonnell Douglas Corp. v. Green · Harris v. Forklift Systems, Inc. · Meritor Savings Bank, FSB v. Vinson · Faragher v. City of Boca Raton · Burlington Northern & Santa Fe Railway Co. v. White
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“provisions in both Title VII and the Age Discrimination in Employment Act, that”
3 later decisions quote this exact passage · from the majority“[S]exual harassment is actionable under [Title VTI] only when it affects the plaintiffs conditions of employment. The sexual act need not be committed in-the workplace, however, to have consequences there.... But at the very least the harassment must [ ] be an episode in a relationship that began and grew in the workplace. Had [the defendant] met [the plaintiff] on the last day of [her] employment ... and later asked her for a date that eventually culminated in sexual intercourse, the connection to the workplace would have been too attenuated to constitute workplace harassment. It would have been no different from his asking a customer for a date. But that is not what happened. The relationship began with flirtatious talk and erotic touching in the workplace and continued there for nine months before [the defendant] and-[the sixteen-year-old plaintiff] had sex. Nor did it end with their sexual encounter. ■ She continued working at the ice cream parlor in close proximity with her harasser — indeed under his supervision — after the statutory rape, though for less than two weeks. Because her consent to have sex with [the defendant] was, as a matter of law, ineffectual, this is a case of a worker subjected to nonconsensual sex; by a supervisor or at least quasi-supervisor ,., during, as well as arising from, the-employment relation. That is a sufficiently strong case of workplace sexual harassment to withstand summary judgment.”
2 later decisions quote this exact passage · from the majority“The difficulty of classification in this case arises from the fact that Nayman, the shift supervisor, was in between the paradigmatic classes [of supervisor and co-worker]. He had supervisory responsibility in the sense of authority to direct the work of the [ice-cream] scoopers, and he was even authorized to issue disciplinary write-ups, but he had no authority to fire them. He was either an elevated coworker or a diminished supervisor.”
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.