Ortega v. Safeway Stores, Inc.’s Empirical Analysis
943 F.2d 1230 · 1991
Citation profile
37 federal appellate · 31 district · 2 state decisions
How this case has been cited
Cited by 79 later decisions — most recently July 2015 · most notably Thomas v. International Business Machines (1995), Equal Employment Opportunity Commission v. Flasher Co. (1992)
37 federal appellate · 31 district · 2 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 McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · International Brotherhood of Teamsters v. United States
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“specific identifiable employment practice or policy caused a significant disparate impact on a protected group.”
9 later decisions quote this exact passage · from the majority“[A]ny statistical analysis must involve the appropriate comparables and must cross a threshold of reliability before it can establish even a prima facie case of disparate impact.”
3 later decisions quote this exact passage · from the majority“persuade the factfinder that 'other tests or selection devices, without a similarly undesirable [discriminatory] effect, would also serve the employer's legitimate [hiring] interest[s].' " Further, those alternative practices "must be equally effective ... in achieving [the employer's] legitimate employment goals.”
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.