Felipe San Diego, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.

10 Cited authorities

Harris v. Forklift Sys., Inc.
510 U.S. 17 (1993) Cited 12,643 times 23 Legal Analyses
Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"
Faragher v. Boca Raton
524 U.S. 775 (1998) Cited 9,480 times 101 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
Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 22,124 times 7 Legal Analyses
Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute
Burlington Indus., Inc. v. Ellerth
524 U.S. 742 (1998) Cited 7,233 times 93 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"
Blum v. Stenson
465 U.S. 886 (1984) Cited 9,070 times 4 Legal Analyses
Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,675 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Pullman-Standard v. Swint
456 U.S. 273 (1982) Cited 1,626 times 4 Legal Analyses
Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"
Fox v. General Motors Corp.
247 F.3d 169 (4th Cir. 2001) Cited 364 times 1 Legal Analyses
Holding that a plaintiff presented evidence of "objectively severe and pervasive workplace harassment" under the ADA where the plaintiff had offered "a good deal of evidence that [his] supervisors ... in vulgar and profane language, constantly berated and harassed him and the other" workers with disabilities and that this harassment "occurred at least weekly"
West v. Gibson
527 U.S. 212 (1999) Cited 113 times 1 Legal Analyses
Holding that the phrase "appropriate remedies" in 42 U.S.C. § 2000e–16(b) includes remedies not expressly enumerated
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 5,027 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Felipe San Diego, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.

10 Cited authorities

Holding that "no single factor is required" to show a hostile work environment, including "whether [the acts are] physically threatening"

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 a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute

Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that "[w]hen an appellate court discerns that a district court has failed to make a finding because of an erroneous view of the law, the usual rule is that there should be a remand for further proceedings to permit the trial court to make the missing findings"

Holding that the phrase "appropriate remedies" in 42 U.S.C. § 2000e–16(b) includes remedies not expressly enumerated

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"