West Maui Resort Partners

15 Cited authorities

Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,762 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Meritor Sav. Bank v. Vinson
477 U.S. 57 (1986) Cited 6,636 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
Nat'l Labor Relations Bd. v. Transportation Management Corp.
462 U.S. 393 (1983) Cited 657 times 11 Legal Analyses
Holding that the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."
Baskerville v. Culligan Intern. Co.
50 F.3d 428 (7th Cir. 1995) Cited 710 times
Holding that a "handful of comments spread over months" did not add up to sexual harassment
N.L.R.B. v. Wright Line, a Div. of Wright Line, Inc.
662 F.2d 899 (1st Cir. 1981) Cited 358 times 46 Legal Analyses
Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act
Stroehmann Bakeries v. Local 776
969 F.2d 1436 (3d Cir. 1992) Cited 85 times
Upholding finding of evident partiality where arbitrator of sexual harassment claim criticized plaintiff for being overweight, unattractive, and lacking social life
Pye v. Excel Case Ready
238 F.3d 69 (1st Cir. 2001) Cited 50 times
Upholding district court's finding that "failure to reinstate [the discharged employees] could have a serious adverse impact on employee interest in unionization"
Newsday v. Long Island Typographical Union
915 F.2d 840 (2d Cir. 1990) Cited 64 times 1 Legal Analyses
Holding that the arbitrator's "award of reinstatement completely disregarded the public policy against sexual harassment in the work place," when, in the same decision, the arbitrator found "no doubt" that the employee inappropriately touched female co-workers
W.F. Bolin Co. v. N.L.R.B
70 F.3d 863 (6th Cir. 1995) Cited 48 times
Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues
Bourne v. N.L.R.B
332 F.2d 47 (2d Cir. 1964) Cited 93 times 1 Legal Analyses
In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.

West Maui Resort Partners

15 Cited authorities

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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 the employer bears the burden of negating causation in a mixed-motive discrimination case, noting "[i]t is fair that [the employer] bear the risk that the influence of legal and illegal motives cannot be separated."

Holding that a "handful of comments spread over months" did not add up to sexual harassment

Holding that the "but for" test applied in a "mixed motive" case under the National Labor Relations Act

Upholding finding of evident partiality where arbitrator of sexual harassment claim criticized plaintiff for being overweight, unattractive, and lacking social life

Upholding district court's finding that "failure to reinstate [the discharged employees] could have a serious adverse impact on employee interest in unionization"

Holding that the arbitrator's "award of reinstatement completely disregarded the public policy against sexual harassment in the work place," when, in the same decision, the arbitrator found "no doubt" that the employee inappropriately touched female co-workers

Holding that an "inference of improper employer motivation" is permitted when an employer has terminated an employee who acted as a leader in making complaints to management on behalf of himself or others, or has organized workers on employment issues

In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.