Fort Lauderdale Employment Lawyers

Fort Lauderdale employment attorneys that will fight to expose an employer's true intention.

The prohibition against intentional discrimination, as understood by employment attorneys practicing in Fort Lauderdale, is framed according to the negative conception of equality. It is a prohibition upon considering characteristics such as race or sex in making employment decisions. In this respect, the fact can’t be ignored that widespread forms of discrimination have existed in this country for years. But where these forms of discrimination were open and explicit in the past—simply excluding racial minorities and women from particular jobs— Fort Lauderdale employment attorneys argue quite easily that they have become tactfully hidden today. After the passage of federal employment laws, any employer engaged in overt discrimination on these grounds would face a great risk of financial liability. Employers have simply adjusted to the requirements of employment law by eliminating the most obviously discriminatory employment practices. Where such practices are uncovered by a qualified Broward County employment attorney, these same employers have strong reasons to settle claims arising from what is tantamount to overt discrimination that can be easily established.
Exposing the true motivations of a discriminatory employer is the job of any Fort Lauderdale employment attorney. When forced to provide a legal explanation for work place practices that seems to discriminate on some basis, true intentions may be exposed. It makes sense that the weaker the employer's reasons are, the more they support a finding of discrimination. An arbitrary reason, such as a supervisor's distaste for the plaintiff's clothes, is more likely to be found to be a pretext for discrimination than one based on the plaintiff's performance of the job. Experienced Broward employment attorneys know that the law does not require employers to offer good reasons for their decisions, but the practicalities of litigation often compel them to do so.

Under examination it is the suspicion of hidden discrimination, based on habits of thought resulting from past discrimination, that justifies a closer look at the employer's decision making process.

Alitowski & Moore Employment Lawyers

We Represent the Florida Worker

As Fort Lauderdale employment lawyers, we feel that you should know that practices, including any form of discrimination or segregation affecting an individual's employment "because of such individual's race, color, religion, sex, or national origin” is both illegal and actionable.

Intentional Discrimination

Practicing employment lawyers know that the great majority of employment discrimination cases involve claims of intentional discrimination asserted by individual workers. Although large in number, these cases do not usually attract much publicity or attention. They do not involve large classes of employees and they do not challenge affirmative action plans. They are, instead, cases where an individual plaintiff, claims that an adverse personnel decision was based on a prohibited characteristic, of which race, sex, ethnicity or others is the paradigm.

Employment Lawyers

Statutory Definitions of Discrimination are the subject of much dispute among Florida employment lawyers. This is most attributed to the fact that the law does not contain any definition of intentional discrimination as a technical term of art. Neither do any of the other statutes modeled on Title VII. In this respect, employment attorneys rely on the aspects of the statutory law of employment discrimination that follows constitutional law.

Leaving the exact nature of what is prohibited without any precise definition. In fact, the phrase "intentional discrimination" is at least partly redundant. All discrimination is intentional in some sense because it requires noticing or acting on some kind of distinction.

Lawyers

Alitowski & Moore

707 NE 3rd Avenue Suite 201

Fort Lauderdale FL 33304

954-523-5333

954-523-6938

888-275-2637

888-Ask-Andrew

What is Intentional Discrimination?

The most heavily litigated issue by employment lawyers in Fort Lauderdale is the definition of intentional discrimination, an issue worked out mainly through allocation of the burden of proof. The opinions on burden of proof have succeeded in formulating a consistent set of doctrinal rules. They have been less successful in achieving the broader goals of assuring the consistent resolution of employment discrimination claims, controlling the allocation of issues between judge and jury, and expediting the overall process of settlement and litigation. The tension between the actual effects of doctrinal rules and what they were designed to accomplish, here as elsewhere in the law, results in continuing litigation and continuing attempts to improve upon existing law by employment attorneys.

Employment attorneys must stay ton top of changes to workers rights law. Alitowski & Moore provides current case explanations and synopsis on a regular basis. To review recent AMlaw case reviews visit: Employment Articles.

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