Bridgeforth v. Jewell’s Empirical Analysis
721 F.3d 661 · 2013
Citation profile
44 district ·
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Burlington Northern & Santa Fe Railway Co. v. White · Monge v. California · Burlington Industries, Inc. v. Ellerth · Baloch v. Kempthorne · Smart v. Ball State University
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“127.) HUD OGC was aware of Dr. Jones’ protected activity and was intimately involved in the disciplinary process involving him. By mid-November of 2011 OGC learned that the third deciding official, Ms. Hoban-Moore, was not going to sustain the proposed removal against Dr. Jones and immediately thereafter orchestrated efforts to coerce Dr. Jones to retire before the disciplinary decision was issued. 128.) It did so by providing him with false information that an unfavorable decision on the proposed removal was imminent, and that he would lose his retirement benefits if he were removed for misconduct. Defendant further suggested to plaintiff that only by retiring could he be completely cléared of any wrong doing. 129.) Plaintiff was so concerned about the possibility of losing his retirement benefits that he agreed to retire, and began completing the paperwork to do so. Only through continued, repeated efforts by plaintiff was he able to determine that the information provided by HUD was false, at which time he rescinded his agreement to retire. 130.) Defendant took materially adverse action against plaintiff that would dissuade a reasonable worker from making or supporting a charge of discrimination when it gave him false information about Ms. Hoban-Moore’s impending disciplinary decision and the effect that a removal for misconduct would have on his retirement benefits, and pressured him to make an immediate decision to retire before the decision was issued.”
5 later decisions quote this exact passage · from the majority“more than 'those petty slights or minor annoyances that often take place at work and that all employees experience,'”
3 later decisions quote this exact passage · from the majority“To survive a motion to dismiss, a complaint must have 'facial plausibility,' meaning it must 'plead[ ] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.' " Id. (alteration in original) (quoting Ashcroft v. Iqbal , 556 U.S. 662 , 678, 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) ). "To prove unlawful retaliation, a plaintiff must show: (1) that he opposed a practice made unlawful by Title VII; (2) that the employer took a materially adverse action against him; and (3) that the employer took the action 'because' the employee opposed the practice.”
1 later decision quote this exact passage · from the majoritye.g. Redding v. Mattis
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.