Andrews v. Orr’s Empirical Analysis
1985
Citation profile
9 federal appellate · 1 district ·
Relationships
Applies 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964)
Relies on Zipes v. Trans World Airlines, Inc. · American Pipe & Construction Co. v. Utah · Crown, Cork & Seal Co. v. Parker · Martinez v. Orr · Saltz v. Lehman
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiffs are black, civilian employees of the Air Force Logistics Command (“AFLC”) stationed at Wright-Patterson Air Force Base (“WPAFB”). The Plaintiffs allege that they were discriminated against on the basis of their race by the denial of promotions. Plaintiffs base this allegation on the use of the Professional and Administrative Career Examination (“PACE”) by the AFLC to select employees for promotion. Plaintiffs contend that PACE had a disparate impact upon blacks. This is the third class action, of which this Court is aware, challenging the disparate impact of PACE. The first of these was Luevano v. Campbell, 93 F.R. D. 68 (D.D.C.1981). Subsequently, a class action was commenced in this Court on behalf of all black AFLC employees who sought promotion to professional, administrative or technical jobs prior to January 19, 1982, for which the PACE exam was administered, and who were denied promotional opportunities as a result of Defendant’s use of PACE. Brown v. Orr, 99 F.R.D. 524 (S.D. Ohio 1983). On March 15, 1983, this Court issued its Decision denying class certification in Brown. The Plaintiffs herein took no action at that time. On April 18, 1983, the plaintiff in Brown filed a second motion to certify a class therein. 1 Before this Court ruled on the then pending, second motion to certify, the Plaintiff in Brown settled her individual claim on July 12, 1983, and the cause was dismissed with prejudice. Once again, the Plaintiffs herein took no action with reg”
1 later decision quote this exact passage · from the majoritye.g. Andrews v. Orr“§ 1613.214 Filing and presentation of complaint. (a) Time limits. (1) An agency shall require that a complaint be submitted in writing by the complainant or his representative and be signed by the complainant. The complaint may be delivered in person or submitted by mail. The agency may accept the complaint for processing in accordance with this subpart only if: (i) The complainant brought to the attention of the Equal Employment Opportunity Counselor the matter causing him to believe he had been discriminated against within 30 calendar days of the date of that matter, or, if a personnel action, within 30 calendar days of its effective date;”
1 later decision quote this exact passage · from the majoritye.g. Andrews v. Orr“that the statute of limitations is not tolled for purposes of initiating a new class action.”
1 later decision quote this exact passage · from the majoritye.g. Korwek v. Hunt
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.