Allen v. Seidman’s Empirical Analysis
881 F.2d 375 · 1989
Citation profile
36 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 69 later decisions — most recently December 2018 · most notably McKnight v. General Motors Corp. (1990), Bullington v. United Air Lines, Inc. (1999)
36 federal appellate · 5 district · 1 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
Relies on Watson v. Fort Worth Bank & Trust · Wards Cove Packing Co. v. Atonio · Cooper v. Federal Reserve Bank of Richmond · Beard v. Whitley County REMC · Equal Employment Opportunity Commission v. Federal Reserve Bank of Richmond
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“some proof that the device serves identified legitimate and substantive business goals. That is, the defendant’s burden [is] to identify the particular employment goal and to present evidence of how the [challenged practice] “serves in a significant way” the identified goal. Merely being abstractly rational, as opposed to arbitrary, would not suffice. The defendant, therefore, has some burden of presenting objective evidence ... factually showing a nexus between the selection device and a particular employment goal. Without evidence of such a relationship it cannot be said that the defendant has presented any evidence that the “challenged practice serves, in a significant way, the legitimate employment goals of the employer.””
2 later decisions quote this exact passage · from the majority“[i]n a test notably devoid of objective standards, where far from using blind grading the testers based an unknown part of the grade on the results of an unstructured personal interview, the danger is acute that racial bias of which the testers may well be unconscious will influence the grade____ The subjectivity of [the test] deprived the testers of better information and -may have inclined them to fall back on race and on vocationally irrelevant cultural factors correlated with race; if so the test was discriminatory in an uncontroversial sense.”
2 later decisions quote this exact passage · from the majority“A statistical analysis must cross a threshold of reliability before it can establish even a prima facie case of disparate impact.”
2 later decisions 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.