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A Word to the Wise

By Alfred G. Feliu

Plaintiff seeks to admit testimony relating to a similar claim of sex discrimination raised by a co-worker. She also notes that in a department of 20, there are only five women. Is the co-worker's testimony admissible? Is testimony relating to the office's demographics probative?

These questions highlight the difficulty in deciding the question of relevance in discrimination cases. No formula or litmus test can be applied in determining the relevance of any testimony, and rulings on admissibility vary. Certainly, the fact-specific nature of such inquiries plays a role in the disparity of result. But is there more at work?

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