Freeman v. Dal-Tile Corp.’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 2 state decisions

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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “reasonably calculated to end the harassment”

   2 later decisions quote this exact passage · from the majority
   e.g. Strothers v. City of Laurel · Roy v. Correct Care Solutions, LLC

2. “This objective inquiry is not, and by its nature cannot be, a mathematically precise test. Rather, when determining whether the harassing conduct was objectively severe or pervasive, we must look at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether' it unreasonably interferes with an employee’s work performance. [N]o single factor is dispositive, as [t]he real social impact of workplace behavior often depends on a constellation of surrounding circumstances, expectations, and relationships which are not fully captured by a simple recitation of the words used or the physical acts performed.”

   1 later decision quote this exact passage · from the majority
   e.g. McKinley v. Salvation Army

3. “any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.”

   1 later decision quote this exact passage · from the majority
   e.g. Brennan v. Deluxe Corp.