Wards Cove Packing Co. v. Atonio
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
It did not erase the whole decision: later courts, including the Supreme Court, continued to apply Wards Cove's robust-causation, proper-comparison-group, and specific-practice requirements where preserved by statute or used under other antidiscrimination laws. The other readable citing opinions applied those surviving rules, rejected attempts to extend Wards Cove outside its own setting, or directed nearby adverse language at other cases and rulings.
1,123 later cases cite Wards Cove Packing Co. v. Atonio; 132 of those citations sat close to treatment language and were flagged for reading; 131 of them have been read, and the text of 1 citing opinion could not be retrieved, so it remains unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Wards Cove Packing Co. v. Atonio?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Superseded by statute
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Joyner v. Monier Roof Tile, Inc. · S.D. Florida · filed
This provision, however, is directed only towards parties in litigation related to Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), 7 a Supreme Court decision legislatively overruled by section 105 of the Act.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Cota v. Tucson Police Department · Supreme Court of Arizona · filed
Because the higher Griggs burden, by virtue of the 1991 Act, once again applies in federal disparate impact cases, Plaintiffs certainly would be correct as to the Arizona standard if this case had been tried after the 1991 Act went into effect.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Sanders v. Culinary Workers Union Local No. 226 · D. Nevada · filed
Among the stated purposes of the Act was to restore the test employed in disparate impact cases to the one enunciated in Griggs v. Duke Power, 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) which had been limited by the Supreme Court in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), and to reverse recent Supreme Court decisions by expanding the scope of relevant civil rights statutes in order to provide greater protection to victims of discrimination.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Conerly v. CVN Companies, Inc. · S.D. Texas · filed
Section 105 of the 1991 Act legislatively overrules the Supreme Court’s decision in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989).
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Sanders v. Culinary Workers Union Local No. 226 · D. Nevada · filed
purposes of the Act was to restore the test employed in disparate impact cases to the one enunciated in Griggs v. Duke Power, 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) which had been limited by the Supreme Court in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 783 (1989), and to reverse recent Supreme Court decisions by expanding the scope of relevant civil rights statutes in order to provide greater protection to victims of discrimination.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Savko v. Port Authority of Allegheny County · W.D. Pennsylvania · filed
Under the 1991 Act, the term “business necessity” is defined as it was, and the burdens of proof placed on litigants in disparate impact cases apply as they did, before the Supreme Court’s decision in Wards Cove Packing v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989).
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Crumley v. Delaware State College · D. Delaware · filed
Section 105 codifies the pre- Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), “business necessity” and “job related" standards.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Estate of Barbara L. Reynolds v. Lynn Martin, Secretary of Labor · Ninth Circuit · filed
Section 105 overrules Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), which held that an employer bears only the burden of production, not the burden of persuasion, as to its business necessity. Under section 105, the employer bears the burden of production and persuasion on this point.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
In Re Petition for Substantive Certification Filed by the Township of Warren · Supreme Court of New Jersey · filed
Although the United States Supreme Court’s decision in Wards Cove Packing Co. v. Antonio, 490 U.S. 642,109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), significantly eviscerated the holding in Griggs v. Duke Power Co., supra, the Civil Rights Act of 1991, Pub.L. No. 102-166, 105 Stat. 1071, overruled much of the diluting effect of Wards Cove
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Caron v. Scott Paper Co. · D. Maine · filed
In the 1991 Act, Congress effectively overruled that portion of Wards Cove that lessened an employer's burden once plaintiffs articulate a prima facie case of disparate impact. Congress has now codified the higher Griggs burden-the burden of production and persuasion.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Torre v. Federated Mutual Insurance · D. Minnesota · filed
Section 105 of the 1991 Act altered the three-step analysis. The parties do not discuss the effect of the 1991 Act on the three-step analysis. In § 105, Congress overruled the Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), distribution of the burdens. Under Wards Cove, the employer’s step two burden is only one of production. Wards Cove, 490 U.S. at 659, 109 S.Ct. at 2126. The 1991 Act changes the step two burden to one of persuasion.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Hiatt v. Union Pacific Railroad · Eighth Circuit · filed
In codifying the disparate impact theory, it is clear that Congress intended to overrule expressly the portion of the Supreme Court's decision in Wards Cove Packing which dealt with the burdens of production and persuasion in a disparate impact case.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Graffam v. Scott Paper Co. · D. Maine · filed
The Civil Rights Act of 1991 (“CRA”) legislatively overruled the burden of proof established in Wards Cove.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Fickling v. New York State Department of Civil Service · S.D.N.Y. · filed
The Civil Rights Act of 1991 ("the 1991 Act"), 42 U.S.C. §§ 2000e, 2000e-2(k), legislatively overruled the burden of proof that had been established in Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), returning the law in disparate impact cases to its pre-Wards Cove state.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
United States v. State of NC · E.D. North Carolina · filed
Although some of Wards Cove was altered by the 1991 amendments to Title VII, most of the opinion remains in full force.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
United States v. North Carolina · E.D. North Carolina · filed
Although some of Wards Cove was altered by the 1991 amendments to Title VII, most of the opinion remains in full force.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Leslie v. Mobile Transit Authority · S.D. Alabama · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 645-46, 109 S.Ct. 2115, 2118-19, 104 L.Ed.2d 733 (1989) (superseded by statute on other grounds).
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Albright v. City of New Orleans · E.D. Louisiana · filed
Although the 1991 Civil Rights Act legislatively overruled certain aspects of the U.S. Supreme Court’s decision in Wards Cove Packing v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), the Committee acknowledged that the Court continued the proper showing of a prima facie case
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
William F. Allen v. Entergy Corp. · Eighth Circuit · filed
The 1991 Civil Rights Act overturned Wards Cove and again placed the burden on the employer “to demonstrate that the challenged practice is job related ... and consistent with business necessity.”
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Langlois v. Abington Housing Authority · First Circuit · filed
Congress’s amendment of the law after Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), stiffened the employer’s burden of justification
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Kelley Langlois v. Abington Housing Authority · First Circuit · filed
Indeed, while Congress's amendment of the law after Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989), stiffened the employer's burden of justification, it left intact the principle that disparate impact merely creates a prima facie case.
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The opinion confirmed that the Civil Rights Act of 1991 displaced Wards Cove's Title VII disparate-impact burden allocation, while leaving unaffected portions intact.
Raytheon Co. v. Hernandez · Supreme Court of the United States · filed
Wards Cove Packing Co. v. Atonio, 490 U. S. 642, 645-646 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, § 105, 105 Stat. 1074-1075, 42 U. S. C. §2000e-2(k) (1994 ed.).
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The court recognized that the Civil Rights Act of 1991 statutorily overruled Wards Cove on an unrelated point while continuing to apply its unaffected statistical-comparison rule.
Carter v. CB Richard Ellis, Inc. · California Court of Appeal · filed
Wards Cove Packing Co. Inc. v. Atonio (1989) 490 U.S. 642 [104 L.Ed.2d 733, 109 S.Ct. 2115], overruled by statute on an unrelated point under the Civil Rights Act of 1991 (Pub.L. No. 102-166 (Nov. 21, 1991) 105 Stat. 1071)
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The Second Circuit recognized that the Civil Rights Act of 1991 expanded Title VII liability beyond Wards Cove's narrow construction, while explaining that Congress left Wards Cove applicable to the ADEA.
Meacham v. Knolls Atomic Power Laboratory · Second Circuit · filed
Congress had refrained from addressing the ADEA in the Civil Rights Act of 1991, even though the Act had amended Title VII to expand the narrow construction of an ‘employer's exposure to liability on a disparate-impact theory’ established in Wards Cove
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The Second Circuit recognized that the Civil Rights Act of 1991 displaced Wards Cove's narrow Title VII construction but did not amend the ADEA.
Meacham v. Knolls Atomic Power Laboratory · Second Circuit · filed
Congress had refrained from addressing the ADEA in the Civil Rights Act of 1991, even though the Act had amended Title VII to expand the narrow construction of an ‘employer's exposure to liability on a disparate-impact theory’ established in Wards Cove
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The Third Circuit recognized that the Civil Rights Act of 1991 superseded Wards Cove on other grounds.
Foxworth v. Pennsylvania State Police · Third Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 645–646 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, § 105, 42 U.S.C. § 2000e-2(k)
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The Third Circuit held that the Civil Rights Act of 1991 restored the employer's burden and abrogated Wards Cove's definition of business necessity.
El v. Southeastern Pennsylvania Transportation Authority (SEPTA) · Third Circuit · filed
Recognizing this holding as a departure from Griggs, Congress responded with the Civil Rights Act of 1991 (the ‘Act’), which placed back on the employer the burden of proof. 42 U.S.C. § 2000e-2(k). The Act also abrogated the Wards Cove definition of business necessity.
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The Third Circuit held that the Civil Rights Act of 1991 abrogated Wards Cove's business-necessity definition and restored pre-Wards Cove law.
El v. Southeastern Pennsylvania Transportation Authority (SEPTA) · Third Circuit · filed
The Act also abrogated the Wards Cove definition of business necessity.
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The district court recognized that Wards Cove had been superseded by statute on other grounds while applying its surviving causation rule.
Shollenbarger v. Planes Moving & Storage · D. Colo. · filed
Wards Cove Packing Co., Inc. v. Antonio, 490 U.S. 642, 656-57 (1989) (superseded by statute on other grounds)
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The Sixth Circuit recognized that the Civil Rights Act of 1991 effectively overruled Wards Cove's narrow Title VII construction while leaving it applicable to the ADEA.
Allen v. Highlands Hospital Corp. · Sixth Circuit · filed
amendments to Title VII contained in the Civil Rights Act of 1991, 105 Stat. 1071, which expanded the availability of disparate-impact liability in the Title VII context, and effectively overruled the Supreme Court’s narrow construction of Title VII as set forth in Wards Cove Packing Co. v. Atonio
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The Sixth Circuit recognized that the Civil Rights Act of 1991 effectively overruled Wards Cove's narrow Title VII construction.
Jo Ann Allen v. Highlands Hospital Corporation · Sixth Circuit · filed
amendments to Title VII contained in the Civil Rights Act of 1991, 105 Stat. 1071, which expanded the availability of disparate-impact liability in the Title VII context, and effectively overruled the Supreme Court’s narrow construction of Title VII as set forth in Wards Cove Packing Co. v. Atonio
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The Tenth Circuit recognized that Wards Cove was superseded by statute on other grounds while retaining its specific-practice rule.
Semsroth v. City of Wichita · Tenth Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657 (1989), superseded by statute on other grounds as recognized in Raytheon Co. v. Hernandez, 540 U.S. 44, 52-53 (2003)
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The district court held that Congress abrogated Wards Cove's business-necessity definition and reinstated the Griggs standard.
United States v. City of New York · E.D.N.Y. · filed
See generally Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 655 n. 9, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (noting that nepotism is a factor subject to Title VII challenge in a disparate impact case) (superseded by statute at Pub.L. No. 102-166, 105 Stat. 1071 (1991))
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The district court held that the Civil Rights Act of 1991 modified Wards Cove and abrogated its business-necessity definition.
Grant v. Metropolitan Government of Nashville · M.D. Tenn. · filed
Congress modified Wards Cove in the Civil Rights Act of 1991, Pub.L. No. 102-166, 105 Stat. 1071 (1991), inter alia, as to the necessity of proving a specific employment practice as causing such imbalances.
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The court recognized that the Civil Rights Act of 1991 superseded Wards Cove on other grounds while reaffirming its specific-practice requirement in the ADEA context.
Eastin v. Entergy Corp. · E.D. La. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, § 105, 105 Stat. 1074-1075, 42 U.S.C. § 2000e-2(k)
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The district court corrected its prior use of Wards Cove and held that the Civil Rights Act of 1991 expressly overruled its business-necessity standard.
National Ass'n for Advancement of Colored People v. North Hudson Regional Fire & Rescue · D.N.J. · filed
The Wards Cove standard that the Court cited was expressly overruled by the Civil Rights Act of 1991, which requires an employer to ‘demonstrate that the challenged practice is job related for the position in question and consistent with business necessity.’
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The district court recognized that 42 U.S.C. § 2000e-2(k)(1)(B)(i) superseded Wards Cove's requirement to isolate each practice when a process cannot be separated for analysis.
Onyewuchi v. Mayorkas · D.D.C. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (holding that an employee alleging disparate impact is “responsible for isolating and identifying the specific employment practices that are allegedly responsible for any observed statistical disparities” (quoting Watson, 487 U.S. at 994, 108 S.Ct. 2777)), superseded by statute
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The district court recognized that the Civil Rights Act provision for inseparable decisionmaking processes superseded part of Wards Cove.
Onyewuchi v. Gonzalez · D.D.C. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656 (1989) (holding that an employee alleging disparate impact is “responsible for isolating and identifying the specific employment practices that are allegedly responsible for any observed statistical disparities” (quoting Watson, 478 U.S. at 994)), superseded by statute, 42 U.S.C. § 2000e-2(k)(1)(B)(i).
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The Supreme Court recognized that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds while retaining its specific-practice rule.
Wal-Mart Stores, Inc. v. Dukes · Supreme Court of the United States · filed
Wards Cove Packing Co. v. Atonio, 490 U. S. 642, 656 (1989) (approving that statement), superseded by statute on other grounds, 42 U. S. C. §2000e–2(k).
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The Supreme Court recognized that the Civil Rights Act provision superseded Wards Cove on other grounds, leaving its specific-practice proposition intact.
Wal-Mart Stores, Inc. v. Dukes · Supreme Court of the United States · filed
Wards Cove Packing Co. v. Atonio, 490 U. S. 642, 656 (1989) (approving that statement), superseded by statute on other grounds, 42 U. S. C. §2000e–2(k).
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The Supreme Court recognized that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds while continuing to cite its unaffected rules.
Wal-Mart Stores, Inc. v. Dukes · Supreme Court of the United States · filed
Wards Cove Packing Co. v. Atonio, 490 U. S. 642, 656 (1989) (approving that statement), superseded by statute on other grounds, 42 U. S. C. §2000e–2(k).
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The Sixth Circuit held that the 1991 amendments superseded Wards Cove's inseparable-process and business-necessity rules but left its statistical-evidence holdings intact.
Claude Grant v. Metropolitan Gov't of Nashville · Sixth Circuit · filed
The 1991 amendments superseded some aspects of Wards Cove. They permit a plaintiff to challenge an employer’s decisionmaking process as a whole if its elements are not capable of separation; and they also superseded portions of Wards Cove pertaining to the ‘business necessity’ defense.
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The district court recognized that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds.
Malone v. New York Pressman's Union Number 2 · S.D.N.Y. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656-57, superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The district court recognized that Wards Cove had been superseded by statute on other grounds while applying its surviving specific-practice requirement.
Bondurant v. Air Line Pilots Ass'n, International · E.D.N.Y. · filed
Wards Cove Packing Co. v. Antonio, 490 U.S. 642, 656 (1989); superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The Tenth Circuit recognized that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds, while retaining its causation rule.
Tabor v. Hilti, Inc. · Tenth Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657 (1989) (quotations omitted), superseded by statute on other grounds by 42 U.S.C. § 2000e-2(k).
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The Sixth Circuit held that § 2000e-2(k)(1)(B)(i) softened and superseded Wards Cove by permitting treatment of an inseparable decisionmaking process as one practice.
Davis v. Cintas Corporation · Sixth Circuit · filed
section softens the Supreme Court’s decision in Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642 (1989), superseded by statute, 42 U.S.C. § 2000e-2(k), by allowing plaintiffs to identify a decision-making process as the ‘particular employment practice’
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The district court recognized that the Civil Rights Act of 1991 superseded Wards Cove on other grounds while applying its unaffected liberal-discovery statement.
Chen-Oster v. Goldman, Sachs & Co. · S.D.N.Y. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657,109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, Pub.L. No. 102-166, 105 Stat. 1074.
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The district court recognized that 42 U.S.C. § 2000e-2(k) abrogated Wards Cove on other grounds while applying its surviving specific-practice rule.
Rocha v. Coastal Carolina Neuropsychiatric Crisis Services, P.A. · E.D.N.C. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), abrogated on other grounds, 42 U.S.C. § 2000e-2(k)
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The Ohio court recognized that the Civil Rights Act of 1991 superseded Wards Cove on other grounds.
Warden v. Ohio Dept. of Natural Resources · Ohio Court of Appeals · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656 (1989), superseded by statute as to Title VII claims but not ADEA claims as explained in Smith v. Jackson, Miss., 544 U.S. 228, 240 (2005).
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The Iowa Supreme Court recognized that Congress enacted the Civil Rights Act of 1991 in response to and to overrule Wards Cove, while addressing the independent Iowa statute.
Linda Pippen, on Behalf of Themselves and All Others Similarly Situated v. State · Supreme Court of Iowa · filed
According to the statute, the purpose of the Act was “to codify the concepts of ‘business necessity’ and ‘job related’ enunciated by the Supreme Court in Griggs v. Duke Power Co., ... and in other Supreme Court decisions pri- or to Wards Cove Packing Co.” and to “respond to recent decisions of the Supreme Court by expanding the scope of relevant civil rights statutes in order to provide adequate protection to victims of discrimination.”
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The Iowa Supreme Court recognized that Congress passed the Civil Rights Act of 1991 to overrule Wards Cove.
Amended December 2, 2014 Linda Pippen, on Behalf of Themselves and All Others Similarly Situated v. State · Supreme Court of Iowa · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 650, 109 S. Ct. 2115, 2121, 104 L. Ed. 2d 733, 747 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k), as recognized in Wal-Mart Stores, Inc. v. Dukes
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The district court recognized that the Civil Rights Act of 1991 superseded Wards Cove on other grounds.
Hagan v. City of New York · S.D.N.Y. · filed
Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 655 n. 9, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (noting that “nepotism, if it were proved to exist, could ... be subject to challenge if it had a disparate impact on minorities”), superseded by statute on other grounds, 105 Stat. 1071 (1991)
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The district court recognized that the Civil Rights Act of 1991 superseded Wards Cove and legislatively overruled its more onerous disparate-impact burdens.
United States v. Pennsylvania · M.D. Pa. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute, Civil Rights Act of 1991, Pub.L. No. 102-166 (1991)
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The Supreme Court recognized that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds while relying on its unaffected robust-causation requirement.
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. · Supreme Court of the United States · filed
Wards Cove Packing Co. v. Atonio,490 U.S. 642, 653, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k).
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The Supreme Court recognized that § 2000e-2(k) superseded Wards Cove on other grounds but preserved its causation rule.
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc. · Supreme Court of the United States · filed
Wards Cove Packing Co. v. Atonio, 490 U. S. 642, 653 (1989), superseded by statute on other grounds, 42 U. S. C. §2000e–2(k).
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The district court recognized that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds while applying its surviving causation requirements.
Walton v. New Mexico State Land Office · D.N.M. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 651, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute on other grounds by 42 U.S.C. § 2000e-2(k)
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The district court recognized that the Civil Rights Act of 1991 and its history overruled portions of Wards Cove.
Buntin v. City of Boston · D. Mass. · filed
the 1991 Act and its legislative history overturned several Supreme Court precedents, see Pub. L. No. 102-166 (overruling portions of Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989))
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The First Circuit confirmed that the Civil Rights Act of 1991 superseded Wards Cove's Title VII disparate-impact rule while citing an unaffected observation.
Jones v. City of Boston · First Circuit · filed
Cf. Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 660-61 (1989) (observing that a refusal to adopt an alternative "would belie a claim by petitioners that their incumbent practices are being employed for nondiscriminatory reasons"), superseded by statute, Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1074
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The district court confirmed that Congress superseded Wards Cove on other grounds through the current Title VII disparate-impact provision.
Hale v. Johnson · E.D. Tennessee · filed
Wards Cove Packing v. Atonio, 490 U.S. 642, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (superseded by statute on other grounds by 42 U.S.C. § 2000e-2(k))
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The Iowa Supreme Court confirmed that the Civil Rights Act of 1991 superseded Wards Cove's requirement of discriminatory intent in disparate-impact cases.
Amended August 25, 2017 Tina Haskenhoff v. Homeland Energy Solutions, LLC · Supreme Court of Iowa · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656–57, 109 S. Ct. 2115, 2124–25 (1989) (requiring proof of discriminatory intent in disparate impact cases), superseded by statute, Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1071 (codified as amended at 42 U.S.C. § 2000e–2(k))
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The Ninth Circuit confirmed that the 1991 Act abrogated Wards Cove for Title VII claims, while explaining that its burden-shifting framework remains applicable to other antidiscrimination statutes.
Hardie v. National Collegiate Athletic Ass'n · Ninth Circuit · filed
The Civil Rights Act of 1991, Pub. L. No. 102-166, § 105, 105 Stat. 1071, 1074 (1991), abrogated Wards Cove with respect to claims under Title VII, but the Supreme Court has continued to apply Wards Cove burden shifting to other antidiscrimination statutes.
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The Ninth Circuit confirmed that the 1991 Act abrogated Wards Cove for Title VII claims but not its use under other antidiscrimination statutes.
Hardie v. National Collegiate Athletic Ass'n · Ninth Circuit · filed
The Civil Rights Act of 1991, Pub. L. No. 102-166, § 105, 105 Stat. 1071, 1074 (1991), abrogated Wards Cove with respect to claims under Title VII, but the Supreme Court has continued to apply Wards Cove burden shifting to other antidiscrimination statutes.
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The district court confirmed that Congress superseded Wards Cove on other grounds through 42 U.S.C. § 2000e-2(k).
Ross v. Lockheed Martin Corp. · D.D.C. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656-58, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k).
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The amended Ninth Circuit opinion confirmed that the 1991 Act abrogated Wards Cove for Title VII claims while preserving its use under other statutes.
Dominic Hardie v. Ncaa · Ninth Circuit · filed
The Civil Rights Act of 1991, Pub. L. No. 102-166, § 105, 105 Stat. 1071, 1074 (1991), abrogated Wards Cove with respect to claims under Title VII, but the Supreme Court has continued to apply Wards Cove burden shifting to other antidiscrimination statutes.
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The Fourth Circuit confirmed statutory supersession of Wards Cove while applying its robust-causality principle to the Fair Housing Act.
De Reyes v. Waples Mobile Home Park Ltd. P'ship · Fourth Circuit · filed
Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 653, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) ), superseded by statute as stated in Inclusive Communities, 135 S.Ct. 2507.
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The Eleventh Circuit confirmed that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds.
Oviedo Town Center II, LLLP v. City of Oviedo, Florida · Eleventh Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653 (1989) (alteration in original), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The Fifth Circuit confirmed that Congress superseded Wards Cove on other grounds while relying on its unaffected causation principle.
Inclusive Cmtys. Project, Inc. v. Lincoln Prop. Co. · Fifth Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k).
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The district court confirmed statutory supersession of Wards Cove on other grounds while applying an unaffected business-necessity principle.
Freyd v. Univ. of Or. · D. Oregon · filed
Wards Cove Packing Co. v. Atonio , 490 U.S. 642, 659, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989) (superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k), as recognized in Tex. Dep't of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc. , --- U.S. ----, 135 S.Ct. 2507, 2523, 192 L.Ed.2d 514 (2015) )
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The Supreme Court of Hawaii confirmed that the Civil Rights Act of 1991 superseded Wards Cove.
In re BCI Coca-Cola Bottling Company of Los Angeles, Inc. v. Murakami. · Supreme Court of Hawaii · filed
Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 658 (1989), superseded by statute, Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1074
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The district court confirmed that the Civil Rights Act of 1991 superseded Wards Cove on other grounds.
Shaffstall v. Old Dominion Freight Line Inc · W.D. Washington · filed
Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 643 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1074.
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The Michigan Court of Appeals confirmed that 42 U.S.C. § 2000e-2(k) superseded Wards Cove on other grounds while applying its comparator guidance.
Nancy Burkhardt v. Flint Community Schools · Michigan Court of Appeals · filed
Wards Cove Packing Co, Inc v Atonio, 490 US 642, 647; 109 S Ct 2115; 104 L Ed 2d 733 (1989), superseded by statute on other grounds, 42 USC § 2000e-2(k)
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The district court confirmed that Congress superseded Wards Cove on other grounds through § 2000e-2(k).
Baker v. City of San Diego · S.D. California · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653, 109 S. Ct. 2115 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k)
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The Second Circuit confirmed Wards Cove's statutory supersession on other grounds while retaining its proper-comparator principles.
Mandala v. NTT Data, Inc. · Second Circuit · filed
See Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 651 (1989) ("Measuring alleged discrimination in the selection of accountants, managers, boat captains, electricians, doctors, and engineers . . . by comparing the number of nonwhites occupying these [skilled] jobs to the number of nonwhites filling [unskilled] cannery worker positions is nonsensical."), superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k), as recognized in Tex. Dep’t of Hous. & Cmty. Affs. v. Inclusive Cmtys. Project, Inc., 576 U.S. 519 (2015).
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The Ninth Circuit confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Patricia Barnes v. Andrew Saul · Ninth Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The Second Circuit confirmed that § 2000e-2(k) superseded Wards Cove on other grounds while preserving its statistical principles.
Mandala v. NTT Data, Inc. · Second Circuit · filed
In Wards Cove Packing Co. v. Atonio, the Supreme Court recognized that ‘where figures for the general population might . . . accurately reflect the pool of qualified candidates, . . . we have . . . permitted plaintiffs to rest their prima facie cases on such statistics.’ 490 U.S. 642, 651 n.6 (1989) (citations and internal quotation marks omitted), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k), as recognized in Texas Dep’t of Hous. & Cmty. Affs. v. Inclusive Cmtys. Project, Inc., 576 U.S. 519, 542 (2015).
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The Ninth Circuit confirmed that Congress superseded Wards Cove on other grounds through § 2000e-2(k).
Jennifer Freyd v. University of Oregon · Ninth Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 661 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k), as recognized in Tex. Dep’t of Hous. & Cmty. Affairs v. Inclusive Cmtys. Project, Inc., 576 U.S. 519, 542 (2015)
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Chicago Teachers Union, Local 1 American Federation of Teachers, AFL-CIO v. Board of Education of the City of Chicago · N.D. Illinois · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k).
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Chicago Teachers Union v. Board of Education of the City of Chicago · N.D. Illinois · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k).
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
ANDREWS v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA · M.D. Georgia · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 651-55 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k).
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Baker v. City of San Diego · S.D. California · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The district court confirmed that the Civil Rights Act of 1991 superseded Wards Cove on other grounds.
Gallagher v. The Unified Court System of the State of New York · N.D. New York · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 657 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, Pub. L. No. 102-166, 105 Stat. 1074.
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds while applying causation principles to the FHA.
Louisiana Fair Housing Action Center, Inc. v. Azalea Garden Properties, LLC · E.D. Louisiana · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The district court confirmed that the Civil Rights Act of 1991 superseded Wards Cove on other grounds.
Meza v. Union Pacific Railroad Co. · D. Nebraska · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 645-46 (1989), superseded by statute on other grounds, Civil Rights Act of 1991, § 105, 105 Stat. 1074–1075, 42 U.S.C. § 2000e–2(k) (1994 ed.)
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The district court confirmed that Congress expanded Title VII in response to Wards Cove, while leaving the ADEA unamended.
Fernandez v. Hotwire Communications, LLC · S.D. Florida · filed
Second, unlike what it did with Title VII, Congress elected not to amend the ADEA to abrogate the Supreme Court’s holding in Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989). In that case, the Court had said that “it is not enough to simply allege that there is a disparate impact on workers, or point to a generalized policy that leads to such an impact. Rather, the employee is responsible for isolating and identifying the specific employment practices that are allegedly responsible for any observed statistical disparities.” Smith, 544 U.S. at 241 (cleaned up). Congress responded to Wards Cove by “expanding the scope of [Title VII],” Civil Rights Act of 1991, § 2, 105 Stat. 1071—but not the ADEA.
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The district court confirmed that the Civil Rights Act of 1991 abrogated Wards Cove for Title VII claims while preserving its use under other antidiscrimination statutes.
Tsur v. Intel Corporation · D. Oregon · filed
The Civil Rights Act of 1991 abrogated Wards Cove Packing Co. as to Title VII claims, but the Supreme Court still applies its burden-shifting standard to other antidiscrimination statutes.
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Emily Fitzmorris, et al. v. New Hampshire Department of Health and Human Services Commissioner Lori Weaver, et al. · D. New Hampshire · filed
Wards Cove Packing Co. v. Antonio, 490 U.S. 642, 657 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k).
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Fitzmorris v. NH Department of Health and Human Services, Commissioner · D. New Hampshire · filed
Wards Cove Packing Co. v. Antonio, 490 U.S. 642, 657 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k).
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The district court recognized that Wards Cove's employment framework was abrogated and that later Supreme Court precedent, not Wards Cove, controls FHA disparate-impact liability.
National Association of Mutual Insurance Companies v. United States Department of Housing and Urban Development · D.D.C. · filed
Wards Cove’s framework for establishing disparate-impact liability, which, although abrogated in the employment context, was apparently “binding” in the housing context while the 2013 Rule was being promulgated.
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The Fourth Circuit confirmed that § 2000e-2(k) superseded Wards Cove on other grounds while applying surviving principles to the FHA.
Jose Reyes v. Waples Mobile Home Park Limited Partnership · Fourth Circuit · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 645–46 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k) (Title VII case).
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Ricky Hill v. AMB Sports & Entertainment, LLC · S.D.N.Y. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e-2(k)
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The West Virginia intermediate appellate court confirmed that Congress's 1991 legislation effectively overruled Wards Cove's Title VII framework.
Jeremiah L. Jones v. Town of Lumberport, West Virginia, a political subdivision of West Virginia · Intermediate Court of Appeals of West Virginia · filed
In 1991, however, Congress passed legislation to codify the concepts of “business necessity” and “job related” enunciated in Griggs, effectively overruling Wards Cove.
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds.
Resources for Human Development, Inc. v. Lower Providence Township · E.D. Pennsylvania · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 653 (1989), superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k)
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The district court confirmed that § 2000e-2(k) superseded Wards Cove on other grounds while applying its unaffected reasoned-review principle.
National Fair Housing Alliance v. Bank of America, National Association · D. Maryland · filed
Wards Cove Packing Co., Inc. v. Atonio, 490 U.S. 642, 659 (1989) superseded by statute on other grounds, 42 U.S.C. § 2000e–2(k)
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The district court confirmed that § 2000e-2 superseded Wards Cove, as recognized by Inclusive Communities.
Roberts-Gregory v. American Association for the Advancement of Science · D.D.C. · filed
Wards Cove Packing Co. v. Atonio, 490 U.S. 642, 656 (1989), superseded by statute, 42 U.S.C. § 2000e-2, as recognized in Texas Dep’t of Hous. & Cmty. Affs. v. Inclusive Cmtys. Project, Inc., 576 U.S. 519, 542 (2015)
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