No. 98-2717’s Empirical Analysis

Citation profile

8 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The undisputed evidence revealed that the IBT hired male and female organizers at a starting salary of $35,000 and that it also hired male and female organizers at higher starting salaries. The district court focused on twelve male organizers whose starting salaries were higher than $35,000 and whom Hutchins had selected for comparison in support of her equal pay claim. The IBT conceded that Hutchins’ job duties and responsibilities were the same as that of the twelve male comparators. The district court found that Hutchins had made out a prima facie case of pay discrimination with respect to the twelve comparators. A prima facie case of pay discrimination is established by proof that the employer paid “workers of one sex more than workers of the opposite sex for equal work.” Corning Glass Works v. Brennan, 417 U.S. 188, 196 , 94 S.Ct. 2223 , 41 L.Ed.2d 1 (1974). As discussed above, Hutchins’ starting salary was the same as that of eight male organizers and there were five female organizers who were paid higher starting salaries. Although Hutchins identified twelve male organizers who received higher starting salaries, we have cautioned that comparisons with “specifically chosen employee[s] should be scrutinized closely to determine [their] usefulness.” Heymann v. Tetra Plastics Corp., 640 F.2d 115, 122 (8th Cir.1981). Hutchins offers no rationale for asking the court to focus only on the twelve male employees she selected and disregard the eight male organizers whose startin”

   1 later decision quote this exact passage · from the majority
   e.g. 168 F. Supp. 2d 938 - Hennick v. Schwans Sales Enterprises, Inc.

2. “(d) Prohibition of sex discrimination (1) No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.”

   1 later decision quote this exact passage · from the majority
   e.g. Truckenmiller v. Burgess Health Center

3. “Length of service is a factor other than sex upon which an employer may base decisions regarding pay increases”); Allen v. Sulzer Chemtech USA, Inc., 289 Fed.Appx. 278, 281 (10th Cir.2008) (”

   1 later decision quote this exact passage · from the majority
   e.g. Puchakjian v. Township of Winslow