Complainant v. Dep't of Homeland Sec.

14 Cited authorities

Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,453 times 100 Legal Analyses
Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough
Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 21,993 times 7 Legal Analyses
Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,213 times 92 Legal Analyses
Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
Blum v. Stenson
465 U.S. 886 (1984) Cited 9,016 times 4 Legal Analyses
Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”
Meritor Sav. Bank v. Vinson
477 U.S. 57 (1986) Cited 6,581 times 18 Legal Analyses
Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive
Vance v. Ball State Univ
570 U.S. 421 (2013) Cited 1,366 times 45 Legal Analyses
Holding "that an employer may be vicariously liable for an employee's unlawful harassment only when the employer has empowered that employee to take tangible employment actions against the victim," such as hiring and firing
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,660 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,622 times 4 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"
Chevron U.S.A. Inc. v. Echazabal
536 U.S. 73 (2002) Cited 337 times 7 Legal Analyses
Holding that the ADA's direct-threat defense may apply not only to “other individuals in the workplace,” as the statute states, but to the disabled individual himself
Flowers v. Southern Regional Physician Serv
247 F.3d 229 (5th Cir. 2001) Cited 390 times 1 Legal Analyses
Holding that there is evidence of disability-based harassment when a supervisor hovers around an employee's work area, eavesdrops on her conversations, and intercepts her phone calls
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 5,013 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Complainant v. Dep't of Homeland Sec.

14 Cited authorities

Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute

Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

Holding that sexual harassment may be actionable under Title VII as discrimination on the basis of sex if it is sufficiently severe and pervasive

Holding "that an employer may be vicariously liable for an employee's unlawful harassment only when the employer has empowered that employee to take tangible employment actions against the victim," such as hiring and firing

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

Holding that the ADA's direct-threat defense may apply not only to “other individuals in the workplace,” as the statute states, but to the disabled individual himself

Holding that there is evidence of disability-based harassment when a supervisor hovers around an employee's work area, eavesdrops on her conversations, and intercepts her phone calls

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"