Matthews v. Freedman’s Empirical Analysis
882 F.2d 83 · 1989
Citation profile
23
cited by 23 later decisions
July 1994
most recently cited
11 federal appellate · 4 district ·
Relationships
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Patterson v. McLean Credit Union · Newman-Green, Inc. v. Alfonzo-Larrain · Ransom v. Marrazzo
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This type of conduct [racial harassment] reprehensible though it be if true, is not actionable under § 1981, which covers only conduct at the initial formation of the contract and conduct which impairs the right to enforce contract obligations through legal process. Rather, such conduct is actionable under the more expansive reach of Title VII of the Civil Rights Act of 1964. The latter statute makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment.” 42 U.S.C. § 2000e-2(a)(l).”
1 later decision quote this exact passage · from the majority“protect [only] two rights: “the same right ... to make ... contracts” and “the same right ... to enforce contracts.” The first of these protections extends only to the formation of a contract, but not to problems that may arise later from the conditions of continuing employment. * * * [T]he right to make contracts does not extend, as a matter of either logic or semantics, to conduct by the employer after the contract relation has been established, including breach of the terms of the contract or imposition of discriminatory working conditions.”
1 later decision quote this exact passage · from the majority“precluded the use of section 1981 as a theory of relief in cases alleging on-the-job harassment.”
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.