21 Cited authorities

Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,314 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
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,127 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"
Kolstad v. Am. Dental Assn
527 U.S. 526 (1999) Cited 1,463 times 11 Legal Analyses
Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to prevent discrimination in the workplace
Foltz v. State Farm Mut. Auto. Ins. Co.
331 F.3d 1122 (9th Cir. 2003) Cited 3,388 times
Holding that the Phillips exception is "expressly limited to the status of materials . . . attached to a non-dispositive motion"
Phillips v. General Motors Corp.
307 F.3d 1206 (9th Cir. 2002) Cited 2,247 times 1 Legal Analyses
Holding that the party or intervenor “seeking protection bears the burden of showing specific prejudice or harm will result if no protective order is granted”
Beckman Industries, Inc. v. International Ins. Co.
966 F.2d 470 (9th Cir. 1992) Cited 1,809 times
Holding that "an independent jurisdictional basis is not required [in this case] because intervenors do not seek to litigate a claim on the merits"
McGinest v. GTE Serv. Corp.
360 F.3d 1103 (9th Cir. 2004) Cited 961 times 2 Legal Analyses
Holding that a plaintiff "may proceed by using the McDonnell Douglas framework, or alternatively, may simply produce direct or circumstantial evidence demonstrating that a discriminatory reason more likely than not motivated" the employer
San Jose Mercury News v. U.S. Dist. Court
187 F.3d 1096 (9th Cir. 1999) Cited 813 times
Holding that to gain a protective order the party must make "particularized showing of good cause with respect to any individual document"
Hagestad v. Tragesser
49 F.3d 1430 (9th Cir. 1995) Cited 698 times
Holding that even though the district court had announced that it would oversee the drafting of settlement papers and the construction and execution of the settlement, it had not retained jurisdiction
Cipollone v. Liggett Group, Inc.
785 F.2d 1108 (3d Cir. 1986) Cited 941 times
Holding that the objecting party must demonstrate that a particularized harm is likely to occur
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,836 times 658 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,960 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 2000e-8 - Investigations
42 U.S.C. § 2000e-8 Cited 392 times 26 Legal Analyses
Authorizing the EEOC to "enter into written agreements" with state and local agencies to promote "effective enforcement" of the Act
Section 161 - Investigatory powers of Board
29 U.S.C. § 161 Cited 341 times 2 Legal Analyses
Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "
Section 2000e-9 - Conduct of hearings and investigations pursuant to section 161 of title 29
42 U.S.C. § 2000e-9 Cited 181 times 2 Legal Analyses
Granting the EEOC the same investigative powers as those given to the National Labor Relations Board in 29 U.S.C. § 161
Section 2071 - Concealment, removal, or mutilation generally
18 U.S.C. § 2071 Cited 178 times
Prohibiting the "tak[ing] or carry[ing] away [of] any record . . ., paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States"
Section 3101 - Records management by agency heads; general duties
44 U.S.C. § 3101 Cited 79 times
Requiring the "head of each [f]ederal agency" to "make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency"

EEOC v. ABM Janitorial Services, Inc.

21 Cited authorities

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

Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to prevent discrimination in the workplace

Holding that the Phillips exception is "expressly limited to the status of materials . . . attached to a non-dispositive motion"

Holding that the party or intervenor “seeking protection bears the burden of showing specific prejudice or harm will result if no protective order is granted”

Holding that "an independent jurisdictional basis is not required [in this case] because intervenors do not seek to litigate a claim on the merits"

Holding that a plaintiff "may proceed by using the McDonnell Douglas framework, or alternatively, may simply produce direct or circumstantial evidence demonstrating that a discriminatory reason more likely than not motivated" the employer

Holding that to gain a protective order the party must make "particularized showing of good cause with respect to any individual document"

Holding that even though the district court had announced that it would oversee the drafting of settlement papers and the construction and execution of the settlement, it had not retained jurisdiction

Holding that the objecting party must demonstrate that a particularized harm is likely to occur

Adopting Fed.R.Civ.P. 37

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Authorizing the EEOC to "enter into written agreements" with state and local agencies to promote "effective enforcement" of the Act

Authorizing the Board or any designee to compel "attendance of witnesses and the production of ... evidence ... from any place in the United States or any Territory or possession thereof, at any designated place of hearing "

Granting the EEOC the same investigative powers as those given to the National Labor Relations Board in 29 U.S.C. § 161

Prohibiting the "tak[ing] or carry[ing] away [of] any record . . ., paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States"

Requiring the "head of each [f]ederal agency" to "make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency"