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Brunson v. Pennsylvania Human Relations Commission

BRIEF IN SUPPORT re MOTION for Summary Judgment

47 Cited authorities

  1. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,304 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  2. Harris v. Forklift Sys., Inc.

    510 U.S. 17 (1993)   Cited 12,379 times   23 Legal Analyses
    Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

  3. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,276 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination

  4. Tex. Dept. of Cmty. Affairs v. Burdine

    450 U.S. 248 (1981)   Cited 19,988 times   9 Legal Analyses
    Holding in the Title VII context that the plaintiff's prima facie case creates "a legally mandatory, rebuttable presumption" that shifts the burden of proof to the employer, and "if the employer is silent in the face of the presumption, the court must enter judgment for the plaintiff"

  5. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,525 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  6. Irwin v. Dep't of Veterans Affairs

    498 U.S. 89 (1990)   Cited 4,557 times   8 Legal Analyses
    Holding that a statutory time limit with the same characteristics is subject to equitable tolling

  7. Kimel v. Florida Board of Regents

    528 U.S. 62 (2000)   Cited 2,244 times   9 Legal Analyses
    Holding that the Age Discrimination in Employment Act, 29 U.S.C. § 626(b), effectively abrogated states’ sovereign immunity by incorporating the Fair Labor Standards Act's cause of action against a "public agency," which the FLSA statutorily defined to include "any agency of ... a State, or a political subdivision of a State," 29 U.S.C. §§ 203(x), 216(b)

  8. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

    527 U.S. 666 (1999)   Cited 1,668 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

  9. Patterson v. McLean Credit Union

    491 U.S. 164 (1989)   Cited 2,380 times   8 Legal Analyses
    Holding that a hostile work environment discrimination claim is not actionable under § 1981

  10. Nevada Dept. of Human Resources v. Hibbs

    538 U.S. 721 (2003)   Cited 664 times   9 Legal Analyses
    Holding FMLA family leave provision validly abrogated state sovereign immunity: "pervasive sex-role stereotype that caring for family members is women’s work," in turn "foster[ing] employers’ stereotypical views about women’s commitment to work and their value as employees"

  11. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 51,645 times   129 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,853 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,026 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  14. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,407 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  15. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,956 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  16. Section 2000e-3 - Other unlawful employment practices

    42 U.S.C. § 2000e-3   Cited 14,483 times   43 Legal Analyses
    Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

  17. Section 8521 - Sovereign immunity generally

    42 Pa. C.S. § 8521   Cited 911 times
    Affirming intent to retain Eleventh Amendment immunity against federal court suits

  18. Section 956 - Pennsylvania Human Relations Commission

    43 Pa. Stat. § 956   Cited 17 times

    (a) There shall be, and there is hereby established in the Governor's Office a non-partisan, departmental administrative commission for the administration of this act, which shall be known as the "Pennsylvania Human Relations Commission," and which is hereinafter referred to as the "Commission." (b) Said Commission shall consist of eleven members, to be known as Commissioners, who shall be appointed by the Governor by and with the advice and consent of a majority of the members of the Senate, not