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- Title
The Misuse of the Business Judgment Rule in Employment Discrimination Cases.
- Authors
Mantell, Robert S.
- Abstract
The article discusses the alleged misuse of the business judgment rule in employment discrimination cases. Also cited are the need for federal courts to assess the rationality of an employer's decision in discrimination cases, how the rule promotes lawlessness, as well as the statutory protections enacted by the U.S. Congress to protect employees, including at-will employees, against employer discretion.
- Subjects
BUSINESS judgment rule; EMPLOYMENT discrimination lawsuits; CORPORATION law; DECISION making in law; FEDERAL courts; UNITED States. Congress
- Publication
ABA Journal of Labor & Employment Law, 2023, Vol 37, Issue 1, p53
- ISSN
2156-4809
- Publication type
Article