Common Sense: If Only It Could Be As Simple As That

Moyenda Mutharika Knapp at Gonzalez Saggio & Harlan LLP, Chicago, with a reminder for lawyers who handle discrimination cases that non-lawyers might also find of some interest. It comes from a recent decision by the U.S. Court of Appeals for the Seventh Circuit.

"Miller [v. St. Joseph County] is a reminder that even though courts must apply the frameworks that they are required to apply, the ultimate question for judges deciding cases is often simpler and more grounded in common sense. Although the burden-shifting framework still applies, at the end of the day, the 'big picture' question is: Could a 'rational jury' decide that there was discrimination? It is a common-sense question that can get lost in legal minutiae, but for employers everywhere (especially in the Seventh Circuit), it is one they should not forget when considering whether to ask the court to grant them judgment in place of trial in a discrimination case."