Barth v. Gelb’s Empirical Analysis
2 F.3d 1180 · 1993
Citation profile
64 federal appellate · 85 district · 7 state decisions
How this case has been cited
Cited by 198 later decisions (2 by the Supreme Court) — most recently August 2024 · most notably O'NEAL v. McAninch (1995), US Airways, Inc. v. Barnett (2002)
64 federal appellate · 85 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 791 · 29 U.S.C. § 794A · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · St. Mary's Honor Center v. Hicks · Kotteakos v. United States · Patterson v. New York
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 198 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'undue hardship inquiry focuses on the hardships imposed ... in the context of the particular [employer's] operations' ") ( quoting Barth, supra , at 1187 ); Borkowski, supra , at 138 (after plaintiff makes initial showing, burden falls on employer to show that particular accommodation "would cause it to suffer an undue hardship”
7 later decisions quote this exact passage · from the majority“not making reasonable accommodations ... unless [the defendant] can demonstrate that the accommodation would impose an undue hardship.”
4 later decisions quote this exact passage · from the majority“can perform the essential functions of the position in question without endangering the health and safety of the individual or others”
4 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.