· 1/24/2008
Barker v. Missouri Department of Corrections
Citations
- 513 F.3d 831
- 2008 U.S. App. LEXIS 1328
- 90 Empl. Prac. Dec. (CCH) 43,091
- 102 Fair Empl. Prac. Cas. (BNA) 803
- 2008 WL 190775
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the plaintiff must “demonstrate that he had an objectively reasonable belief” that the reported conduct constituted harassment
- noting that if a plaintiff fails to make out a prima facie case of discrimination, the court need not address the other aspects of the burden-shifting framework
- explaining that the FMLA’s “opposition clause is derived from Title VII”
- explaining that the FMLA’s “opposition clause is derived from Title VII”
- “Conduct is not actionable under Title VII if no reasonable person could have believed the incident violated Title VII's standard.”
- plaintiff must allege facts supporting she had objectively reasonable belief 1 conduct at issue constituted sexual harassment under Title VII
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Tashima, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.