· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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