"Stone represented an initial effort, not a final codification(;) (w)hile we did not endorse the statistical challenge raised in Stone, we did not signal satisfaction with the status quo on employment discrimination"
How later courts described this case
- "Stone represented an initial effort, not a final codification(;) (w)hile we did not endorse the statistical challenge raised in Stone, we did not signal satisfaction with the status quo on employment discrimination"
- “Stone represented an initial effort, not a final codification!
Written by the judges who cited it.
The opinion
ROBB, Circuit Judge
(concurring):
I concur in the result.
In my judgment the only question here is whether the petitioners made a case before the Commission. They did' not make a case and that should be the end of the matter. It is not for us to give the Commission an advisory opinion on methods for dealing with allegations of discrimination. Furthermore, I am not willing to express any view as to the circumstances that may require a hearing in some future case. We can consider that question if and when it, is presented on a proper record.