Jottings By An Employer's Lawyer

Tuesday, October 14, 2003

8th Cir. Holds Expert Not Appropriate in Disparate Treatment Case

Although I normally don't mention unpublished decisions, this one is short and sweet but makes a very important point. The trial court refused to allow plaintiff's expert to testify that there had been discrimination. Noting that this case of disparate treatment turned on witness credibility (as many do), the Circuit Court held the matter was well within the province of the jury and an expert's testimony was not appropriate. Townsend v. Martine (8th Cir. 10/14/03) [pdf].

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