19 Cited authorities

  1. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 10,356 times   17 Legal Analyses
    Holding that a plaintiff alleging a harassment claim must show that "the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive work environment"
  2. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 7,910 times   85 Legal Analyses
    Holding that our review must "filter out complaints attacking the ordinary tribulations of the workplace, such as the sporadic use of abusive language, gender-related jokes, and occasional teasing"
  3. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 6,170 times   79 Legal Analyses
    Holding that when there has not been a tangible employment action, a defending employer may raise an affirmative defense to liability or damages "comprise[d] [of] two necessary elements: that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"
  4. Pa. State Police v. Suders

    542 U.S. 129 (2004)   Cited 1,505 times   9 Legal Analyses
    Holding that a hostile-work-environment claim is a "lesser included component" of the "graver claim of hostile-environment constructive discharge"
  5. Abramson v. William Paterson Coll. of N.J

    260 F.3d 265 (3d Cir. 2001)   Cited 989 times
    Holding that plaintiff produced sufficient evidence to preclude summary judgment where her supervisors' continued discriminatory comments demonstrated ongoing antagonism
  6. Mandel v. M & Q Packaging Corp.

    706 F.3d 157 (3d Cir. 2013)   Cited 554 times   1 Legal Analyses
    Holding that the plaintiff failed to exhaust administrative remedies for her retaliation claim where she failed to check the box for retaliation on the charge or allege any retaliatory conduct in the charge
  7. Brewer v. Quaker State Oil Ref. Corp.

    72 F.3d 326 (3d Cir. 1995)   Cited 863 times   2 Legal Analyses
    Holding employer had legitimate, non-discriminatory reasons to terminate plaintiff because plaintiff had continuous performance problems, including poor follow-up on customer requests and poor communications with clients and with management
  8. Michael v. Caterpillar Financial

    496 F.3d 584 (6th Cir. 2007)   Cited 513 times   2 Legal Analyses
    Holding that putting plaintiff on brief paid administrative leave and a 90-day performance plan met the "relatively low bar" of a materially adverse action
  9. Blackburn v. United Parcel Service

    179 F.3d 81 (3d Cir. 1999)   Cited 320 times
    Holding that employee's statement was not admissible under Rule 801(d)(D) in absence of evidence that employee was speaking for employer on matter within scope of agency or employment
  10. Clark v. Runyon

    218 F.3d 915 (8th Cir. 2000)   Cited 219 times
    Holding employee must have same supervisor, be subjected to same standards, and engage in similar conduct to the plaintiff's to constitute a similarly situated employee