512 F. Supp. 2d 792 - Silva v. Chertoff’s Empirical Analysis

Citation profile

1 district · 2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[T]he ‘scope’ of the judicial complaint is limited [only] to the 'scope' of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.” In other words, an employee’s Rehabilitation Act claims in federal court are not limited solely to the specific claim or claims the employee made in his initial EEOC charge. The employee may also raise claims based upon any kind of discrimination which is similar or related to the initial EEOC charge’s allegations, so long as the EEOC investigation could reasonably have been expected to encompass the additional theory of liability.”

   1 later decision quote this exact passage · from the majority
   e.g. 684 F. Supp. 2d 827 - Lopez v. Kempthorne

2. “nearly identical” circumstances because the employee outside the plaintiff's protected class who allegedly received more favorable treatment did not have the same supervisor); Smith v. Wal-Mart Stores (No. 471), 891 F.2d 1177, 1180 (5th Cir.1990) (determining that the plaintiff and the employee outside her protected class who allegedly received preferential treatment were not similarly situated where the employer discharged the plaintiff because the plaintiff violated its non-fraternization policy and the other employee’s conduct did not involve the employer's non-fraternization policy).”

   1 later decision quote this exact passage · from the majority
   e.g. 40 F. Supp. 3d 840 - Jones v. FJC Security Services, Inc.