Proving Discrimination: Robert Abell's Article In KJA's The Advocate

Victims of discrimination can often refer to discrimination inflicted on others to help prove their own claim of discrimination. Courts have recognized that plaintiffs can show intentional discrimination in a "variety of ways" including but not limited to proof "that there has been a general attitude of discrimination throughout the employment climate," statistical showings that "minorities are infrequently or never hired," and "objective and subjective standards" showing better qualifications of a passed over candidate. The key, courts have emphasized, is that trial judges should not cripple a plaintiff's ability to prove his or her case by "evidentiary rulings that keep out probative evidence because of crabbed notions of relevance or excessive mistrust of juries." 

Robert L. Abell discusses the relevant caselaw developed in the courts on this important point in an article published in The Advocate, the official publication of the Kentucky Justice Association, titled "There You Go Again: Admissibility of Other Bad Act Evidence Under KRE 404(b)."