M Civ JI 105.03 Employment Discrimination (Disparate Treatment) - Cautionary Instruction as to Business Judgment

Your task is to determine whether defendant discriminated against the plaintiff. You are not to substitute your judgment for the defendant’s business judgment, or decide this case based upon what you would have done.

However, you may consider the reasonableness or lack of reasonableness of defendant’s stated business judgment along with all the other evidence in determining whether defendant discriminated or did not discriminate against the plaintiff.

Comment

Adama v Doehler-Jarvis Div of NL Industries, 115 Mich App 82; 320 NW2d 298 (1982); rev’d on other grounds, 419 Mich 905; 353 NW2d 438 (1984); Bouwman v Chrysler Corp, 114 Mich App 670; 319 NW2d 621 (1982); Gallaway v Chrysler Corp, 105 Mich App 1; 306 NW2d 368 (1981).

History

M Civ JI 105.03 was added January 1985.