Dollie W. HESTER, Plaintiff-Appellee, v. SOUTHERN RAILWAY COMPANY, Defendant-Appellant’s Empirical Analysis
497 F.2d 1374 · 1974
Citation profile
64 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 113 later decisions (1 by the Supreme Court) — most recently April 2008 · most notably International Brotherhood of Teamsters v. United States (1977), Lincoln v. Board of Regents of the University System (1983)
64 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 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Griggs v. Duke Power Co. · McAllister v. United States · In Re Disbarment of Isserman · Johnson v. Georgia Highway Express, Inc. · Rush Pettway, Etc. v. American Cast Iron Pipe Company, United States Equal Employment Opportunity Commission, Intervenor
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The most direct route to proof of racial discrimination in hiring is proof of disparity between the percentage of blacks among those applying for a particular position and the percentage of blacks among those hired for the position.” Id., at 1379 . 25”
4 later decisions quote this exact passage“[Comparison with general population statistics is of questionable value when we are considering positions for which, as here, the general population is not presumptively qualified. Hester v. Southern Railway Co., 497 F.2d 1374 , 1379 n. 6 (5 Cir. 1974).”
2 later decisions quote this exact passage“[N]onvalidated tests in subjective hiring. procedures are not violative of Title VII per se. Title VII comes into play only when such practices result in discrimination. At that point, the burden of producing evidence shifts to the employer, who must offer satisfactory justification for his procedures. As stated in United States v. H. K. Porter Co., N.D.Ala. (1968), 296 F.Supp. 40 , 76-77: “The courts must decide the cases which come before them on the evidence and not on abstract propositions.” See also United States v. Georgia Power Co., 474 F.2d 906 (5th Cir. 1973).”
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.