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← 948 F.2d 1370 - Waisome

Waisome’s Empirical Analysis

Citation profile

60
cited by 60 later decisions
July 2019
most recently cited

8 federal appellate · 8 district ·

How this case has been cited

Cited by 60 later decisions — most recently July 2019 · most notably Smith v. Xerox Corp. (1999), Peightal v. Metropolitan Dade County (1994)

8 federal appellate · 8 district ·

280199020002010decided

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 International Brotherhood of Teamsters v. United States · Griggs v. Duke Power Co. · Castaneda v. Partida · Watson v. Fort Worth Bank & Trust · Wards Cove Packing Co. v. Atonio

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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Standard deviation analysis measures the probability that a result is a random deviation from a predicted result — the more standard deviations the lower the probability the result is a random one. Social scientists consider a finding of two standard deviations significant, meaning there is about one chance in 20 that the explanation for the deviation could be random and the deviation must be accounted for by some factor other than chance. A finding of two or three standard deviations (one in 384 chance the result is random) is generally considered highly probative of discriminatory treatment.”
    5 later decisions quote this exact passage · from the majority
  2. “A selection rate for any race ... which is less than four-fifths (4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded by Federal enforcement agencies as evidence of adverse impact.”
    4 later decisions quote this exact passage · from the majority
  3. “An employer may not rely on a bottom-line defense, by that we mean that though parts of the employer's hiring or promotion procedures adversely affected members of a protected group, it may not successfully argue that a sufficient number of protected group members were nevertheless hired or promoted so as to refute proof of disparate impact.”
    2 later decisions quote this exact passage · from the dissent

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.