McGullam v. Cedar Graphics, Inc.’s Empirical Analysis
609 F.3d 70 · 2010
Citation profile
6 federal appellate · 1 district · 2 state decisions
Relationships
Applies 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Harris v. Forklift Systems, Inc. · Burlington Northern & Santa Fe Railway Co. v. White · National Railroad Passenger Corporation v. Morgan · Oncale v. Sundowner Offshore Services, Inc. · Terry v. Ashcroft
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Acts on days; 1-400 create a hostile work environment. The employee files the charge on day 401, Can the employee recover for that part of the hostile work environment that occurred in the first 100 days? (2) Acts contribute to a hostile environment on days 1-100 and on day.-401, but there are no acts between days 101-400. Can the act occurring on day 401 pull the other acts in for the purposes of liability? In truth, all other things being equal, there is little difference between the two scenarios, as a hostile environment constitutes one “unlawful employment practice”, and .it does not matter whether nothing occurred within the intervening 301 days so long as each act is part of the whole. Nor, if sufficient activity occurred by day 100 to make out a claim, does it matter that the employee knows on that day that an actionable claim happened; on day 401 all incidents are still part of the same claim. • On the other hand, if an act on day. 401 had no relation to the acts between days 1-100, or for some other reason,- such as certain intervening action by the employer, was no longer part of the same hostile environment claim, then the employee cannot recover for the previous acts, at least not' by reference to the day 401 act.”
2 later decisions quote this exact passage“severe or pervasive enough to create an objectively hostile or abusive work environment.”
2 later decisions quote this exact passage“The Morgan principle is not, however, an open sesame to recovery for time-barred violations. Both incidents barred by the statute of limitations and ones not barred can qualify as 'part of the same actionable hostile environment claim' only if they are adequately linked into a coherent hostile environment claim[.]”
1 later decision quote this exact passagee.g. Mustafa v. Iancu
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.