Duch v. Jakubek’s Empirical Analysis
588 F.3d 757 · 2009
Citation profile
4 federal appellate · 3 district ·
Relationships
Applies 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Monge v. California · Burlington Industries, Inc. v. Ellerth · Davis, As Next Friend of Lashonda D. v. Monroe County Board of Education et al. · Gebser v. Lago Vista Independent School District · Miller v. Wolpoff & Abramson, L.L.P.
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o prevail on a hostile work environment claim, a plaintiff must make two showings: (1) that the harassment was sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment and (2) that there is a specific basis for imputing the conduct creating the hostile work environment to the employer.”
3 later decisions quote this exact passage · from the majority“An official’s actual or constructive knowledge of harassment will be imputed to the employer when principles of agency law so dictate. That will be the case when a) the official is at a sufficiently high level in the company’s management hierarchy to qualify as a proxy for the company, or b) the official is charged with a duty to act on the knowledge and stop the harassment, or c) the official is charged with a duty to inform the company of the harassment.”
2 later decisions quote this exact passage · from the majority“knew, or in the exercise of reasonable care should have known, about the harassment yet failed to take appropriate remedial action.”
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.