Prescott v. Higgins’s Empirical Analysis
538 F.3d 32 · 2008
Citation profile
21 federal appellate · 76 district ·
How this case has been cited
Cited by 109 later decisions — most recently August 2023 · most notably Estate of Bennett v. Wainwright (2008), Sutliffe v. Epping School District (2009)
21 federal appellate · 76 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
Applies 29 U.S.C. § 705 · 29 U.S.C. § 791 · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Anderson v. Liberty Lobby, Inc. · McDonnell Douglas Corp. v. Green · International Brotherhood of Teamsters v. United States · Faragher v. City of Boca Raton · Hazen Paper Co. v. Biggins
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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) [s]he is a member of a protected class; (2)[s]he experienced uninvited harassment; (3) the harassment was racially-based; (4) the harassment was so severe or pervasive as to create an abusive work environment; and (5) the harassment was objectively and subjectively offensive.”
2 later decisions quote this exact passage · from the majority“[W]hether an environment is ‘hostile’ or ‘abusive’ can be determined only by looking at all of the circumstances. These may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance .... [Wjhile psychological harm, like any other relevant factor, may be taken into account, no single factor is required.”
1 later decision quote this exact passage · from the majority“(1) [s]he is a member of a protected class; (2) [s]he met [her] employer's expectations; (3) [s]he suffered adverse employment action with respect to compensation; and (4) similarly-situated employees outside the protected class received more favorable treatment.”
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.