Wall v. Trust Company of Georgia’s Empirical Analysis
946 F.2d 805 · 1991
Citation profile
16 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 42 later decisions — most recently March 2012 · most notably Combs v. Plantation Patterns (1997), Standard v. Abel Services Inc (1998)
16 federal appellate · 2 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. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Anderson v. City of Bessemer City · Hishon v. King & Spalding · 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court stated in Patterson that “only where the promotion rises to the level of an opportunity for a new and distinct relation between the employee and the employer is such a claim actionable under section 1981,” citing Hishon v. King and Spalding, 467 U.S. 69, 104 S.Ct. 2229 , 81 L.Ed.2d 59 (1984) (refusal of law firm to accept associate into partnership) (Title VII). 491 U.S. at 185 , 109 S.Ct. at 2377. Effectively, Patterson held that in the promotion context, a new contract is not made for purposes of section 1981 unless such a new and distinct relationship would flow from the promotion. Bennun v. Rutgers State Univ., 941 F.2d 154 (3rd Cir.1991) (denying relief for nonpromotion from tenured associate professor to full professor based on application of Patterson test). We disagree with Wall that the promotion here rises above the bright line of a relation sufficiently “new and distinct” to qualify under the Patterson test. See Weaver v. Casa Gallardo, Inc., 922 F.2d 1515, 1519-20 (11th Cir.1991) (remanding to apply “new contract” test). The customer service representative [* ] and tax analyst positions are both nonexempt salaried jobs, are relatively equal in grade (118 versus 119), provide identical benefits and compensation, and are covered by the same policies and procedures.”
1 later decision quote this exact passage“to the level of an opportunity for a new and distinct relation between the employee and the employer.”
1 later decision 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.