by Michael Fox
One wishes Judge Easterbrook's quote was emblazoned on the top of every employment law case file as a reminder to the judge of the limits of the task ahead; and to the extent the judge feels a wrong has been done, that there is in fact a consequence for the employer, if not a remedy for the current plaintiff:
It is not enough to demonstrate that the employer was mistaken, inconsiderate, short-fused, or otherwise benighted; none of those possibilities violates federal law. See Forrester v. Rauland-Borg Corp., No. 05-4650 (7th Cir. June 29, 2006) (collecting authority); Pollard v. Rea Magnet Wire Corp., 824 F.2d 557 (7th Cir. 1987). Poor personnel management receives its comeuppance in the market rather than the courts.
It also would not be a bad reminder for legislators trying to remove all perceived bad acts from the workplace, rather than letting good employers with better practices obtain the more talented employees by distinguishing themselves based on their voluntary, as opposed to legislatively mandated practices.