Mitchell v. Vanderbilt University’s Empirical Analysis
389 F.3d 177 · 2004
Citation profile
14 federal appellate · 4 state decisions
How this case has been cited
Cited by 83 later decisions — most recently March 2024 · most notably Baloch v. Kempthorne (2008), Talley v. Family Dollar Stores of Ohio, Inc. (2008)
14 federal appellate · 4 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 28 U.S.C. § 623 · 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 623 (§ 4 of the Age Discrimination in Employment Act of 1967)
Relies on McDonnell Douglas Corp. v. Green · Manzer v. Diamond Shamrock Chemicals · Kocsis v. Multi-Care Management, Inc. · Crady v. Liberty National Bank & Trust Co. · Nguyen v. City of Cleveland
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Non-selection for a position of employment is not always an adverse employment action. In cases where the sought position is a lateral transfer, without additional material benefits or prestige, it would be improper to conclude that a denial of such a transfer would be a materially adverse action. See Sherman v. Chrysler Corp., 47 Fed.Appx. 716, 721-22 (6th Cir.2002) (holding that an employee who failed to introduce evidence showing that denials of lateral transfer requests resulted in materially adverse changes in terms of employment could not establish adverse employment action).”
1 later decision quote this exact passage · from the majoritye.g. Freeman v. Potter“deprived him of a graduate research assistant during one summer, revoked his mentor status in the M.D./Ph.D graduate program, and removed him from his position of Medical Director of Pathology Laboratory Services”); Williams v. R.H. Donnelley, Corp., 368 F.3d 123, 128 (2d Cir.2004) (finding no adverse action when employee wanted transfer for personal reasons and transfer would have resulted in lower pay); Banks v. E. Baton Rouge Parish Sch. Bd., 320 F.3d 570, 575 (5th Cir. 2003) (”
1 later decision quote this exact passage · from the majoritye.g. Freeman v. Potter“that: (1) he is a member of the protected class, that is, he is at least forty years of age; (2) he was subjected to an adverse employment action; (3) he was qualified for the position; and (4) he was treated differently from similarly situated employees outside the protected class.”
1 later decision quote this exact passage · from the majoritye.g. Briggs v. Potter
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.