70 Cited authorities

  1. Ricci v. DeStefano

    557 U.S. 557 (2009)   Cited 3,057 times   30 Legal Analyses
    Holding that a city's making promotion decisions based on race would violate Title VII without a "valid defense"
  2. Price Waterhouse v. Hopkins

    490 U.S. 228 (1989)   Cited 4,609 times   161 Legal Analyses
    Holding that an employer discriminated on the basis of sex when he "act[ed] on the basis of a belief that a woman cannot be aggressive, or that she must not be"
  3. Alexander v. Gardner-Denver Co.

    415 U.S. 36 (1974)   Cited 2,849 times   18 Legal Analyses
    Holding that workers may bring Title VII discrimination claims in federal court notwithstanding an arbitration provision in a CBA
  4. Albemarle Paper Co. v. Moody

    422 U.S. 405 (1975)   Cited 2,610 times   5 Legal Analyses
    Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
  5. McKennon v. Nashville Banner Publ'g Co.

    513 U.S. 352 (1995)   Cited 1,180 times   9 Legal Analyses
    Holding that, under the ADEA, neither reinstatement nor front pay is appropriate when, subsequent to the statutory violation, the plaintiff's employment has been terminated for legitimate reasons
  6. Griggs v. Duke Power Co.

    401 U.S. 424 (1971)   Cited 2,762 times   34 Legal Analyses
    Holding that § 703(h) does not protect use of testing requirements with a disparate impact on racial minorities where the tests were not shown to be related to job performance
  7. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,039 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents
  8. Wards Cove Packing Co. v. Atonio

    490 U.S. 642 (1989)   Cited 979 times   20 Legal Analyses
    Holding causation was not demonstrated because plaintiffs had not disproved the possibility that the overrepresentation of minority workers in lower-paying cannery positions was caused by the company's contract with a predominantly non-White labor union
  9. Castaneda v. Partida

    430 U.S. 482 (1977)   Cited 1,228 times   3 Legal Analyses
    Holding that the respondent's showing "that the population of the county was 79.1% Mexican-American, but that, over an 11-year period, only 39% of the persons summoned for grand jury service were Mexican-American" established a prima facie case of discrimination against Mexican-Americans in the county's grand jury selection process
  10. Dothard v. Rawlinson

    433 U.S. 321 (1977)   Cited 790 times
    Holding impermissible minimum statutory height and weight requirements for correctional counselors
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,949 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  13. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,267 times   170 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  14. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,874 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  15. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,122 times   146 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
  16. Rule 33 - Interrogatories to Parties

    Fed. R. Civ. P. 33   Cited 10,894 times   21 Legal Analyses
    Adopting Rule 30(b)
  17. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,090 times   12 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
  18. Rule 609 - Impeachment by Evidence of a Criminal Conviction

    Fed. R. Evid. 609   Cited 4,378 times   14 Legal Analyses
    Adopting a ten-year time limit, absent unusual circumstances, on the use of prior convictions for impeachment purposes
  19. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,260 times   44 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
  20. Section 1981a - Damages in cases of intentional discrimination in employment

    42 U.S.C. § 1981a   Cited 4,159 times   55 Legal Analyses
    Finding that "additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace"
  21. Section 1607.4 - Information on impact

    29 C.F.R. § 1607.4   Cited 240 times   16 Legal Analyses
    Directing federal agencies to regard a "selection rate" of lower than 80 percent as evidence of disparate impact employment discrimination
  22. Section 1606.1 - Definition of national origin discrimination

    29 C.F.R. § 1606.1   Cited 177 times   4 Legal Analyses
    Defining "national origin discrimination" as including "denial of equal employment opportunity because of an individual's, or his or her ancestor's, place of origin; or because an individual has the physical, cultural or linguistic characteristics of a national origin group"
  23. Section 1607.5 - General standards for validity studies

    29 C.F.R. § 1607.5   Cited 147 times   1 Legal Analyses
    Explaining totality of circumstances should be considered in determining whether a validation study is outdated
  24. Section 1607.1 - Statement of purpose

    29 C.F.R. § 1607.1   Cited 85 times   2 Legal Analyses

    A.Need for uniformity-Issuing agencies. The Federal government's need for a uniform set of principles on the question of the use of tests and other selection procedures has long been recognized. The Equal Employment Opportunity Commission, the Civil Service Commission, the Department of Labor, and the Department of Justice jointly have adopted these uniform guidelines to meet that need, and to apply the same principles to the Federal Government as are applied to other employers. B.Purpose of guidelines

  25. Section 1607.14 - Technical standards for validity studies

    29 C.F.R. § 1607.14   Cited 68 times   2 Legal Analyses
    Stating that, “[w]henever it is feasible, appropriate statistical estimates should be made of the reliability of the selection procedure” that has been content validated
  26. Section 1607.3 - Discrimination defined: Relationship between use of selection procedures and discrimination

    29 C.F.R. § 1607.3   Cited 54 times   3 Legal Analyses

    A.Procedure having adverse impact constitutes discrimination unless justified. The use of any selection procedure which has an adverse impact on the hiring, promotion, or other employment or membership opportunities of members of any race, sex, or ethnic group will be considered to be discriminatory and inconsistent with these guidelines, unless the procedure has been validated in accordance with these guidelines, or the provisions of section 6 below are satisfied. B.Consideration of suitable alternative

  27. Section 1607.9 - No assumption of validity

    29 C.F.R. § 1607.9   Cited 15 times
    Prohibiting employer from using promotional examination based on “nonempirical or anecdotal accounts of selection practices or selection outcomes”
  28. Section 1607.15 - Documentation of impact and validity evidence

    29 C.F.R. § 1607.15   Cited 14 times
    Pertaining to content validity