Foss v. Circuit City Stores, Inc.’s Empirical Analysis
2007
Citation profile
2 district ·
Relationships
Applies 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 704 of the Title VII of the Civil Rights Act of 1964)
Relies on Celotex Corporation v. Catrett H · McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Reeves v. Sanderson Plumbing Products, Inc. · Harris v. Forklift Systems, Inc.
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To state a claim for sexual discrimination based on a hostile work environment ..., [a plaintiff] must show: (1) that he is a member of a protected class; (2) that he was subjected to unwelcome sexual harassment; (3) that the harassment was based upon sex; (4) that the harassment was sufficiently severe or pervasive so as to alter the conditions of plaintiffs employment and create an abusive work environment; (5) that sexually objectionable conduct was both objectively and subjectively offensive, such that a reasonable person would find it hostile or abusive and the victim in fact did perceive it to be so; and (6) that some basis for employer liability has been established.”
1 later decision quote this exact passage“three evidentiary paths by which a same-sex plaintiff can show that the conduct was based on sex or because of sex. First, a plaintiff can show that the conduct was motivated by sexual desire. Second, a plaintiff can show that the harasser was motivated by a general hostility to the presence of the same gender in the workplace. And third, a plaintiff may offer direct comparative evidence about how the harasser treated both males and females in a mixed-sex workplace.”
1 later decision quote this exact passage“(1) [he] engaged in a protected activity, (2)[his] employer thereafter subjected [him] to adverse employment action, and (3) a causal link existed between the two events.”
1 later decision quote this exact passage
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.