Clark v. Marsh’s Empirical Analysis
665 F.2d 1168 · 1981
Citation profile
67 federal appellate · 68 district · 16 state decisions
How this case has been cited
Cited by 177 later decisions — most recently October 2017 · most notably Aman v. Cort Furniture Rental Corp. (1996), Goss 83-1598 v. Exxon Office Systems Company 83-1557 (1984)
67 federal appellate · 68 district · 16 state decisions — followed in 12 states
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
Relies on International Brotherhood of Teamsters v. United States · Doyle v. Ohio · Israel Alicea Rosado v. Ramon Garcia Santiago · Bourque v. Powell Electrical Manufacturing Co. · Martha D. YOUNG, Plaintiff-Appellant, v. SOUTHWESTERN SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee
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 177 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] plaintiff bringing an employment discrimination claim under Title VII on the theory of ‘constructive discharge’ must show that the employer deliberately created intolerable work conditions that forced the plaintiff to quit. The inquiry is objective: Did working conditions become so intolerable that a reasonable person in the employee’s position would have felt compelled to resign? We have stated before that the mere existence of workplace discrimination is insufficient to make out a constructive discharge claim; constructive discharge ... requires a finding of discrimination and the existence of certain aggravating factors. ‘Aggravating factors’ are those aspects of a discriminatory work environment that, by making the workplace so disagreeable, prevent the reasonable employee from seeking remediation on the job.”
6 later decisions quote this exact passage · from the majority“[t]o the extent that [the employer] denies a conscious design to force [the employee] to resign, we note that an employer's subjective intent is irrelevant”
3 later decisions quote this exact passage · from the majority“As these cases make clear, a finding that Clark was constructively discharged must be justified by the existence of certain 'aggravating factors.'”
3 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.