Osborne v. Cleland’s Empirical Analysis
620 F.2d 195 · 1980
Citation profile
15 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 42 later decisions — most recently June 2007 · most notably Johnson v. Bunny Bread Co. (1981), North Carolina Department of Correction v. Gibson (1983)
15 federal appellate · 5 district · 3 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 (§ 717 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Furnco Construction Corp. v. Waters · Kirby v. Colony Furniture Co. · Miller v. Poretsky · King v. Yellow Freight System, 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When race [or sex] is not shown to have been a factor, and discharge is an action authorized, but not compelled, a Title VII plaintiff does not meet the burden of proof by showing other employees who acted similarly were not discharged.... Without proof that the real motive was racial [or sexual] discrimination, the inconsistent and harsh character of [an employer’s] action ... does not suffice to show violation of Title VII.”
1 later decision quote this exact passage · from the majority“demonstrably capable of performing [her] employment duties,”
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.