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It is hard to imagine a more well-established principle than that a court will not interfere with an employer's legally based decision as to who to hire, promote or retain. But there remains skepticism over subjective decisions that are based on reasons that can be easily manipulated or manufactured. Two recent decisions highlight the broad discretion courts will allow employers in explaining a decision using subjective criteria.
January 15, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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