Eb. Cogan, EZOLD V WOLF, BLOCK, SCHORR AND SOLIS-COHEN - LEGITIMATE SUBJECTIVE JUDGMENT OR DISCRIMINATION, Employee relations law journal, 19(3), 1994, pp. 217-225
A recent Third Circuit Court of Appeals decision raised important and
far-reaching implications for women and minorities in law firms and ot
her professional organizations where subjective judgments are used to
make promotional decisions at the highest levels. The appellate court,
in Ezold v. Wolf, Block, Schorr and Solis-Cohen, reversed attorney Na
ncy Ezold's landmark victory as the first woman ever to win a sex disc
rimination suit against a law firm over a denial of partnership. Signi
ficant questions are raised by the decision. Does the Third Circuit de
cision create a new standard for proving discrimination in subjective
assessment cases that will virtually insulate law firms and other prof
essional organizations from Title VII liability or does the decision s
imply continue to guard against judicial intrusion into legitimate bus
iness judgments?