Harding v. Gray’s Empirical Analysis
9 F.3d 150 · 1993
Citation profile
22 federal appellate · 339 district · 7 state decisions
How this case has been cited
Cited by 406 later decisions (1 by the Supreme Court) — most recently June 2025 · most notably Greene v. Dalton (1999), Taylor v. Federal Deposit Insurance (1997)
22 federal appellate · 339 district · 7 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)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Furnco Construction Corp. v. Waters
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 406 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection”.... Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.... The ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.”
13 later decisions quote this exact passage“additional background circumstances that support the suspicion that the defendant is that unusual employer who discriminates against the majority.”
7 later decisions quote this exact passage“evidence indicating that there is something 'fishy' about the facts of the case at hand.”
6 later decisions quote this exact passage
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.