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· 4/7/2004

Elana Back v. Hastings on Hudson Union Free School District, John J. Russell, Anne Brennan, Marilyn Wishnie

Citations

  • 365 F.3d 107
  • 2004 U.S. App. LEXIS 6684
  • 85 Empl. Prac. Dec. (CCH) 41,755
  • 93 Fair Empl. Prac. Cas. (BNA) 1430
  • 2004 WL 739846

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that claims premised on Price Waterhouse sex stereotyping theory sufficiently constitute claim of sex discrimination pursuant to § 1983
  • holding that comments made about a woman’s inability to combine work and motherhood constitute sex stereotyping that provides evidence of discriminatory intent
  • holding that a plaintiff must show the personal involvement of each defendant to succeed on a § 1983 claim
  • holding that stereotypical remarks “‘can certainly be evidence that gender played a part’ in an employment decision” (emphasis omitted) (citing Price Waterhouse, 490 U.S. at 251)
  • holding that individual defendants were not entitled to qualified immunity because it was “eminently clear” by 2001 that “individuals have a constitutional right to be free from sex discrimination”
  • holding that employee had produced sufficient evidence to defeat summary judgment where supervisors told working mother that she could be a good mother or a good employee, but not both

Source: CourtListener parenthetical corpus (CC0).

Judges: Winter, Calabresi, Katzmann

Read full opinion on CourtListener

Sourced 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.