Smith v. Kaldor’s Empirical Analysis
869 F.2d 999 · 1989
Citation profile
14 federal appellate ·
How this case has been cited
Cited by 24 later decisions — most recently June 2007
14 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) · 5 U.S.C. § 2302 · 5 U.S.C. § 4303 · 5 U.S.C. § 7121 · 5 U.S.C. § 7511 · 5 U.S.C. § 7512
Relies on Alexander v. Gardner-Denver Co. · Zipes v. Trans World Airlines, Inc. · Brown v. General Services Administration · Barrentine v. Arkansas-Best Freight System, Inc. · McDonald v. City of West Branch
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In cases where a person is covered by a negotiated grievance procedure permitting allegations of discrimination, a person wishing to file a complaint or grievance on a matter of alleged employment discrimination must elect the forum in which to pursue the matter: either the process described in this part or a negotiated grievance procedure. An aggrieved employee who files a grievance in writing with an agency whose negotiated agreement with an employee organization permits the acceptance of grievance which allege discrimination prohibited by this subpart, may not thereafter file [an EEO] complaint on the same matter under the provisions of this subpart irrespective of whether the grievance has raised an allegation of discrimination within the negotiated grievance procedure. 6”
1 later decision quote this exact passagee.g. MacY v. Dalton“within 30 days of receipt of notice of final action taken by a department, agency, or unit referred to in ... this section or by the [EEOC] upon appeal.”
1 later decision quote this exact passagee.g. Johnson v. Peterson“under the statutory procedure or the negotiated procedure but not both.”
1 later decision quote this exact passagee.g. Johnson v. Peterson
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.