Since when do courts get to second-guess an employer’s hiring decisions? Since last Monday.

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On April 10, 2023, Sixth Circuit Court of Appeals Judge Amul R. Thapar offered his two cents on the role the federal courts should have in second-guessing the business judgment of companies making hiring decisions:

Ignoring decades of precedent, the majority opinion imposes a rule requiring employers to favor credentials over relevant work experience in hiring. In so doing, the majority misunderstands Title VII, summary-judgment burdens, and the role of our court. The result? Everyone loses: The new rule will hurt employers, undermining the longstanding principle that businesses are free to choose between qualified candidates. And it

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