Aaron v. Davis’s Empirical Analysis
1976
Citation profile
8 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 21 later decisions — most recently March 1993
8 federal appellate · 4 district · 1 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. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Weeks v. Southern Bell Telephone & Telegraph Co. · Spurlock v. United Airlines, Inc. · Hodgson v. Greyhound Lines, Inc. · 354 F. Supp. 230 - Hodgson v. Greyhound Lines, Inc.
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T] he quantum of the showing required of the employer is inversely proportional to the degree and unavoidability of the risk to the public or fellow employees inherent in the requirements and duties of the particular job. Stated another way, where the degree of such risks is high and methods of avoiding same (alternative to the method of a mandatory retirement age) are inadequate or unsure, then the more arbitrary may be the fixing of the mandatory retirement age. But at no point will the law permit, within the age bracket designated by the statute, the fixing of a mandatory retirement age based entirely on hunch, intuition or stereo-typing, i.e., without any empirical justification .”
2 later decisions quote this exact passage“bona fide occupational qualification reasonably necessary to the normal operation”
2 later decisions quote this exact passage“It may well be that scientific and medical research and studies currently under way, or in the offing, may provide empirical data showing, statistically at least, the inability of a large percentage of this age group to adequately perform [their] duties.... On the present record, however, there is nothing to show the special relevance of the age 62 mandatory retirement requirement, and therefore, the [ordinance in question] can only be deemed ... wholly lacking in any justifiable business necessity [as it relates to District Chiefs]. [Id., at 463.]”
1 later decision quote this exact passage
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.