Fresh & Easy Neighborhood Market, Inc.

55 Cited authorities

Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,472 times 101 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
Meritor Sav. Bank v. Vinson
477 U.S. 57 (1986) Cited 6,586 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
Griffin v. Oceanic Contractors, Inc.
458 U.S. 564 (1982) Cited 1,272 times 2 Legal Analyses
Holding that a court has no discretion in the assessment of the double-wage penalty
Hoffman Plastic Compounds v. Nat'l Labor Relations Bd.
535 U.S. 137 (2002) Cited 322 times 38 Legal Analyses
Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law
BEK CONSTR. CO. v. NLRB
536 U.S. 516 (2002) Cited 309 times 14 Legal Analyses
Holding that the First Amendment right to petition the government extends to the courts
Fibreboard Corp. v. Labor Board
379 U.S. 203 (1964) Cited 730 times 7 Legal Analyses
Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA
Nat'l Labor Relations Bd. v. J. Weingarten, Inc.
420 U.S. 251 (1975) Cited 434 times 64 Legal Analyses
Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness
Green v. Admrs. of Tulane Educ. Fund
284 F.3d 642 (5th Cir. 2002) Cited 584 times
Holding that testimony of three other complaints of sexual harassment was not hearsay because it was offered to prove that the employer was on notice rather than for the truth of the matter asserted
Jackson v. Quanex Corp.
191 F.3d 647 (6th Cir. 1999) Cited 565 times
Holding that when the employer knew about complaints but “made no effort to discover the perpetrators” of harassment, the employer's response was not reasonably calculated to end the harassment
Ford Motor Co. (Chicago Stamping Plant) v. Nat'l Labor Relations Bd.
441 U.S. 488 (1979) Cited 288 times 1 Legal Analyses
Holding that proposal concerning in-plant cafeteria prices was within duty to bargain despite fact that prices were set by third-party supplier rather than employer
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 29,085 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,315 times 84 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 157 - Right of employees as to organization, collective bargaining, etc.
29 U.S.C. § 157 Cited 3,300 times 97 Legal Analyses
Granting employees the right to engage in or refrain from engaging in union activity
Section 159 - Representatives and elections
29 U.S.C. § 159 Cited 2,440 times 12 Legal Analyses
Granting a bargaining unit the exclusive right to represent employees in it
Section 102 - Public policy in labor matters declared
29 U.S.C. § 102 Cited 150 times
Declaring public policy underlying Norris-LaGuardia
Section 1604.11 - Sexual harassment
29 C.F.R. § 1604.11 Cited 957 times 14 Legal Analyses
Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"

Fresh & Easy Neighborhood Market, Inc.

55 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 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 a court has no discretion in the assessment of the double-wage penalty

Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law

Holding that the First Amendment right to petition the government extends to the courts

Holding that the "contracting out" of work traditionally performed by bargaining unit employees is a mandatory subject of bargaining under the NLRA

Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

Holding that testimony of three other complaints of sexual harassment was not hearsay because it was offered to prove that the employer was on notice rather than for the truth of the matter asserted

Holding that when the employer knew about complaints but “made no effort to discover the perpetrators” of harassment, the employer's response was not reasonably calculated to end the harassment

Holding that proposal concerning in-plant cafeteria prices was within duty to bargain despite fact that prices were set by third-party supplier rather than employer

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Granting employees a wage increase without bargaining with Local 355

Granting employees the right to engage in or refrain from engaging in union activity

Granting a bargaining unit the exclusive right to represent employees in it

Declaring public policy underlying Norris-LaGuardia

Holding employers liable for co-worker harassment if "the employer (or its agents or supervisory employees) knows or should have known of the conduct, unless it can show that it took immediate and appropriate corrective action"