Smith v. Horner’s Empirical Analysis
839 F.2d 1530 · 1988
Citation profile
32 federal appellate ·
How this case has been cited
Cited by 71 later decisions — most recently April 2024 · most notably Meeks v. Computer Associates International (1994), Weaver v. Casa Gallardo, Inc. (1991)
32 federal appellate ·
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 · Texas Department of Community Affairs v. Burdine · Bonner v. City of Prichard · Singleton v. Wulff · Mabry v. Johnson
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A plaintiff may establish a prima facie case of promotion discrimination by proving that he or she is a member of a protected minority, was qualified for and applied for the promotion, was rejected despite these qualifications, and that other employees with equal or lesser qualifications who were not members of the protected minority were promoted, (citations omitted).”
1 later decision quote this exact passage“Once the disparity in pay between substantially similar jobs is demonstrated, the burden shifts to the defendant to prove that a “factor other than sex” is responsible for the differential. If the defendant fails, the plaintiff wins. The plaintiff is not required to prove discriminatory intent on the part of the defendant.”
1 later decision quote this exact passage“If an employer selects the person it believes is best qualified, an argument of pretext ordinarily will fail.”
1 later decision quote this exact passagee.g. Mitchell v. USBI Co.
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.