Gowski v. Peake’s Empirical Analysis
682 F.3d 1299 · 2012
Citation profile
10 federal appellate · 2 district ·
Relationships
Applies 42 U.S.C. § 1981A · 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 (§ 704 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 Reeves v. Sanderson Plumbing Products, Inc. · Harris v. Forklift Systems, Inc. · Burlington Northern & Santa Fe Railway Co. v. White · National Railroad Passenger Corporation v. Morgan · Richardson v. New York State Department of Correctional Service
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) he belongs to a protected group; (2) he was subjected to unwelcome harass1 ment; (3) the harassment was based on his membership in the protected group; (4) it was severe or pervasive enough to alter the terms and conditions of employment and create a hostile or abusive working environment; and (5) the employer is responsible for that environment under a theory of either vicarious or direct liability.”
3 later decisions quote this exact passage · from the majority“'the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of ... employment and create an abusive working environment.'”
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.