Friday, January 07, 2005

 
The beautiful thing about a Blog is that even a lawyer gets to ramble a bit. After all, these are my thoughts. Right now the law is stuck. It is stuck between an outdated view of how discrimination works and the extent of discrimination against certain groups. Judges and most lawyers believe that when a person accuses someone of discrimination, that they are accusing that person of OVERT, racism or sexism. That is rarely the case. Most discrimination today is far more subtle and yet just as harmful.

Therefore, when I file a claim of discrimination, I have other lawyers, employers and judges thinking the employer is being accused of racism, when in reality, they are being accused of allowing some degree of negative attitudes toward that minority to affect their decision-making process.

This is a big problem. It affects how judges view evidence and how employers respond to claims of discrimination. It gets everyone's dander up and makes the cases hard to resolve. Even my clients often believe that the only choice available to them is either a) that they were fired by an OVERT racist or sexist or b) their race or gender had NOTHING to do with it. Neither answer is correct, at least most of the time.



Comments:
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