Jones v. Gerwens’s Empirical Analysis
874 F.2d 1534 · 1989
Citation profile
60 federal appellate · 3 district · 4 state decisions
How this case has been cited
Cited by 259 later decisions — most recently March 2019 · most notably Alexander v. Fulton County (2000), Elrod v. Sears, Roebuck & Co. (1991)
60 federal appellate · 3 district · 4 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 (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964)
Relies on Celotex Corporation v. Catrett H · McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Price Waterhouse v. Hopkins · United States Postal Service Board of Governors v. Aikens
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 259 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in cases involving alleged racial bias in the application of discipline for violation of work rules, the plaintiff, in addition to being a member of a protected class, must show either (a) that he did not violate the work rule, or (b) that he engaged in misconduct similar to that of a person outside the protected class, and that the disciplinary measures enforced against him were more severe than those enforced against the other persons who engaged in similar misconduct.”
11 later decisions quote this exact passage · from the majority“In determining whether employees are similarly situated for purposes of establishing a prima facie case, it is necessary to consider whether the employees are involved in or accused of the same or similar conduct and are disciplined in different ways. The most important factors in the disciplinary context are the nature of the offense committed and the nature of the punishments imposed.”
3 later decisions quote this exact passage · from the majority“Disparate treatment analysis requires that none of the participants in the decision-making process be influenced by [discriminatory] bias.... Thus, the motivations of both the [decision maker] and [the recommender] are pertinent. If the [decision maker was] not motivated by racial animus but [the recommen-der was], the [decision maker’s] neutrality with respect to race would not cure [the recommender’s] racial bias.”
2 later decisions quote this exact passage · from the concurrence
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.