The Law and Business
"A company's actions taken on behalf of its bottom line cannot form
the basis of illegal discrimination absent a discriminatory intent. The
courts understandably avoid becoming entangled in discussions about the
wisdom of business decisions and do not require good business judgment
on the part of business executives. Smith v. Goodyear Tire & Rubber
Co. (C.A.8, 1990), 895 F.2d 467, 472; Castleman v. Acme Boot Co.
(C.A.7, 1992), 959 F.2d 1417, 1422; E.E.O.C. v. Clay Printing Co.
(C.A.4, 1992), 955 F.2d 936, 946. Nor, for that matter, do the
courts require business executives to exercise any particular moral or
ethical judgment in how they structure their own pay. The courts `must
avoid stepping into the role of super personnel manager and must not
second guess legitimate business decisions.' Brasic v. Heinemann's
Inc. (C.A.7, 1997), 121 F.3d 281, 287 (citation omitted); Elrod
v. Sears, Roebuck & Co. (C.A.11, 1991), 939 F.2d 1466, 1470."
Olive v. Columbia/HCA Healthcare Corp. (Mar. 9, 2000),
Cuyahoga App. Nos. 75249 and 76349 cited in Chandler
v. Dunn Hardware, Inc., 2006-Ohio-4376.