International Brotherhood of Electrical Workers, Local Union No. 5 v. United States Equal Employment Opportunity Commission’s Empirical Analysis
398 F.2d 248 · 1968
Citation profile
33 federal appellate · 6 district ·
How this case has been cited
Cited by 60 later decisions — most recently September 2005 · most notably Rogers v. Equal Employment Opportunity Commission (1971), Federal Trade Commission v. Texaco, Inc. Federal Trade Commission v. Standard Oil Company. Federal Trade Commission v. The Superior Oil Company, Inc., a Corporation. Federal Trade Commission v. Exxon Corporation, a Corporation. Federal Trade Commission v. Shell Oil Company, a Corporation. Federal Trade Commission v. Standard Oil Company of California, a Corporation. Federal Trade Commission v. Mobil Oil Corporation, a Corporation (1977)
33 federal appellate · 6 district ·
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. § 160 (§ 10 of the National Labor Relations Act)
Relies on Cobbledick v. United States · Ellis v. Interstate Commerce Commission · Van Sant v. American Express Co. · Martin v. Chandis Securities Co.
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A charge under subsection (a) of this section shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b) of this section, such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.”
2 later decisions quote this exact passage · from the majority“(li) If the Commission finds that the respondent has engaged in an unlawful employment practice, the Commission shall state its findings of fact and shall issue and cause to be served on the respondent and the person or persons aggrieved by such unlawful employment practice an order requiring the respondent to cease and desist from such unlawful employment practice and to take such affirmative action, including reinstatement or hiring of employees, with or without backpay (payable by the employer, employment agency or labor organization, as the case may be, responsible for the unlawful employment practice), as will effectuate the policies of this title: . . ..”
1 later decision quote this exact passage · from the majority““In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) of this section by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, * * *»”
1 later decision 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.