20 Cited authorities

McDonnell Douglas Corp. v. Green
411 U.S. 792 (1973) Cited 53,087 times 96 Legal Analyses
Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,599 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Oncale v. Sundowner Offshore Servs., Inc.
523 U.S. 75 (1998) Cited 5,270 times 50 Legal Analyses
Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"
Hazen Paper Co. v. Biggins
507 U.S. 604 (1993) Cited 1,936 times 14 Legal Analyses
Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,301 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Yanowitz v. L'Oreal USA Inc.
36 Cal.4th 1028 (Cal. 2005) Cited 1,569 times 11 Legal Analyses
Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."
Roby v. McKesson Corp.
47 Cal.4th 686 (Cal. 2009) Cited 539 times 6 Legal Analyses
Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
Janken v. GM Hughes Electronics
46 Cal.App.4th 55 (Cal. Ct. App. 1996) Cited 551 times
Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more
Trujillo v. North County Transit Dist.
63 Cal.App.4th 280 (Cal. Ct. App. 1998) Cited 482 times 2 Legal Analyses
Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"
Abeita v. Transamerica Mailings, Inc.
159 F.3d 246 (6th Cir. 1998) Cited 354 times
Holding that a plaintiffs assertions that a coworker's sexual and derogatory gender-based comments were "commonplace," "ongoing," and "continuing" crea1 ed a genuine issue of material fact as to her hostile-work-environment claim where those assertions were supported by evidence in interrogatories and deposition testimony that described in detail the specific remarks and the approximate dates on which they occurred throughout her term of employment
Section 2000e - Definitions
42 U.S.C. § 2000e Cited 52,350 times 130 Legal Analyses
Granting EEOC authority to issue procedural regulations to carry out Title VII provisions
Section 11019 - Terms, Conditions and Privileges of Employment
Cal. Code Regs. tit. 2 § 11019 Cited 36 times 2 Legal Analyses
Defining harassment

Hearing Demurrer

20 Cited authorities

Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

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

Holding that "[w]hatever evidentiary route the plaintiff chooses to follow, he or she must always prove that the conduct at issue was not merely tinged with offensive . . . connotations"

Holding that age and years of service, pension status, or seniority are "analytically distinct" and an employer may rely on one while ignoring the other

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that to establish a "protected activity," an "employee's communications to the employer [must] sufficiently convey the employee's reasonable concerns that the employer has acted or is acting in an unlawful discriminatory manner."

Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"

Holding that "[t]he intentional infliction of emotional distress claim fails" where "[t]he factual allegations . . . plead claims of discrimination" but not more

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

Defining harassment