39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,409 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Burlington N. & Santa Fe Ry. Co. v. White

    548 U.S. 53 (2006)   Cited 11,215 times   101 Legal Analyses
    Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
  4. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,094 times   95 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
  5. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,315 times   22 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
  6. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,259 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
  7. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,247 times   8 Legal Analyses
    Holding that a legitimate nondiscriminatory reason proffered by employer is not "pretext for discrimination unless it is shown both that the reason was false and that discrimination was the real reason"
  8. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,095 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"
  9. Clark Cty. Sch. Dist. v. Breeden

    532 U.S. 268 (2001)   Cited 5,351 times   12 Legal Analyses
    Holding that the temporal proximity requirement to establish a prima facie case "between an employer's knowledge of protected activity and an adverse employment action as sufficient evidence" must be "very close"
  10. Oncale v. Sundowner Offshore Servs., Inc.

    523 U.S. 75 (1998)   Cited 5,142 times   48 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"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,481 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,789 times   234 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  13. Rule 32.1 - Citing Judicial Dispositions

    Fed. R. App. P. 32.1   Cited 34,301 times   152 Legal Analyses
    Permitting court to cite to unpublished federal judicial opinions
  14. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,192 times   166 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  15. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,489 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure