Davis v. Weidner’s Empirical Analysis
596 F.2d 726 · 1979
Citation profile
45 federal appellate · 6 state decisions
How this case has been cited
Cited by 69 later decisions — most recently February 2015 · most notably Eggleston v. Chicago Journeymen Plumbers' Local Union No. 130 (1981), Mitchell v. Baldrige (1985)
45 federal appellate · 6 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. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 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 McDonnell Douglas Corp. v. Green · International Brotherhood of Teamsters v. United States · Furnco Construction Corp. v. Waters · McDonald v. Santa Fe Trail Transportation Co. · Hazelwood School District v. United States
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he plaintiff [first] has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.”
2 later decisions quote this exact passage · from the majority“is merely a model for ordering and evaluating evidence concerning employment discrimination.”
2 later decisions quote this exact passage · from the majority“absence or extreme generality of any predetermined standards for selecting employees, the failure to record evaluations of job applicants, and the absence of minorities on the employment decisionmaking bodies can add credence of the claim of an aggrieved employee, especially when the employer does not rely on objective, easily measured criteria for his employment decision”
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.