Johnson v. Goodyear Tire & Rubber Co.’s Empirical Analysis

Citation profile

184 federal appellate · 10 district · 5 state decisions

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 328 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Once it has been determined that blacks have been discriminatorily assigned to a particular department within a plant, departmental seniority cannot be utilized to freeze those black employees into a discriminatory caste.””

   3 later decisions quote this exact passage · from the majority
   e.g. Cox v. Allied Chemical Corp., Local 216, International Union of Operating Engineers · Chance v. Board of Examiners & the Board of Education

2. ““. . . the initial burden will be on the individual discriminatee to show that he was available for promotion and possessed the general characteristics and qualifications which are shown by Savannah to be possessed by the higher paid white employees and are job related. Once this burden is met, the employer must demonstrate by clear and convincing evidence that any particular employee would have never been advanced because of that individual’s particular lack of qualifications for a more difficult position or for other good and sufficient reasons such employee would never have been promoted. It is apparent that whether any particular individual would have been advanced under a color-blind system cannot now be determined with 100% certainty. The court on remand will have to deal with probabilities. Any substantial doubts created by this task must be resolved in favor of the discriminatee who has produced evidence to establish a prima facie case. The discriminatee is the innocent party in these circumstances.””

   2 later decisions quote this exact passage · from the majority
   e.g. 497 F. Supp. 339 - Parson v. Kaiser Aluminum & Chemical Corp. · James v. Stockham Valves & Fittings Co.

3. ““If an employee can show that he was hired into the labor department before April 22, 1971, and was subsequently frozen into that department because of the discriminatory employment practices established here . . . [it] will be incumbent upon Goodyear to show by convincing evidence that other factors would have prevented his transfer regardless of the discriminatory employment practices. If Goodyear wishes to show that a labor department employee would not be qualified for any other job then its proof must be clear and convincing. . We are not unmindful that in many instances [an individual’s] proving entitlement to back pay will be based on probabilities.””

   2 later decisions quote this exact passage · from the majority
   e.g. Green v. United States Steel Corp. · United States v. United States Steel Corp.