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How did Judge Scalia influence employment law?

Judge Scalia's legacy will be studied and debated for decades.  There is no dispute that he was a "conservative" Justice and a proponent of constitutional originalism, a viewpoint that the intent of the framers of the Consitution should be adhered to no matter what the result. For employment lawyers, his opinions were both for and against plaintiffs.  St Mary's Honor Center v. Hicks, could be his most influential decision. In St. Mary's Honor Center, Judge Scalia held that if a plaintiff proves that the reason asserted by a defendant-employer for its actions was, not, in fact, the true reason for its decision, then the fact-finder is free to find that unlawful discrimination has occurred, although by no means is the fact-finder required to find that discrimination has occurred. That case put to rest the notion that a plaintiff needs to provide evidence of discrimination that goes beyond proving that the reason for an employment decision was false in order to prevail.

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Law Offices of Gary A. Costales, P.A.
305-375-9510
Free Phone consultation
| Hablamos español

Gary A. Costales, P.A.
1200 Brickell Avenue, Suite 1440
Miami, FL 33131
Phone: 877-389-7395
Fax: 305-375-9511
Map and Directions

1200 N. Federal Hwy. Suite 200
Boca Raton, FL 33432
Phone: 877-389-7395
Fax: 305-375-9511
Map and Directions

Law Offices of Gary A. Costales, P.A.