Andreoli v. Gates’s Empirical Analysis
482 F.3d 641 · 2007
Citation profile
10 federal appellate · 22 district ·
How this case has been cited
Cited by 111 later decisions — most recently July 2021 · most notably Leboon v. Lancaster Jewish Community Center Ass'n (2007), Berrier v. Simplicity Manufacturing, Inc. (2009)
10 federal appellate · 22 district ·
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
Relies on Monge v. California · Karen Sutton Kimberly Hintons v. United Air Lines Inc · Burlington Industries, Inc. v. Ellerth · Farrell v. Planters Lifesavers Co. · Abramson v. William Paterson College
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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An employer will be liable for the harassing conduct of the alleged victim’s coworker if the employer was “negligent or reckless in failing to train, discipline, fire or take remedial action upon notice of harassment.” Bonenberger v. Plymouth Twp., 132 F.3d 20, 26 (3d Cir.1997) (citing Bouton v. BMW of N. Am., Inc., 29 F.3d 103, 106 (3d Cir.1994)). An employer is negligent if it “knew or should have known about the harassment, but failed to take prompt and adequate remedial action.” Jensen v. Potter, 435 F.3d 444, 453 (3d Cir.2006) (internal quotations omitted). Even if the remedial action does not stop the alleged harassment, it is “adequate” if it is “reasonably calculated” to end the harassment. Id. (quoting Knabe v. Boury Corp., 114 F.3d 407, 412-13 (3d Cir.1997)).”
2 later decisions quote this exact passage · from the majority“under Title VII, much turns on whether the harassers are supervisors or coworkers. If supervisors create the hostile environment, the employer is strictly liable, though an affirmative defense may be available where there is no tangible employment action. When coworkers are the perpetrators, the plaintiff must prove employer liability using traditional agency principles.”
1 later decision quote this exact passage · from the majority“discriminat[ing] against any individual... because [she] has opposed any practice made an unlawful employment practice...or because [she] has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing....”
1 later decision 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.