The Character of Discrimination Law: The Incompatibility of Rule 404 and Employment Discrimination Suits
Lisa Marshall Manheim
University of Washington - School of Law
Yale Law Journal, Vol. 114, No. 5, p. 1063, 2005
This Note illustrates how violations of Rule 404 of the Federal Rules of Evidence (which prohibits litigants from relying on certain propensity proofs) occur routinely. It demonstrates that the ineffectiveness of the ban in the context of discrimination suits cannot be blamed on clever lawyers or negligent judges, but rather is a predictable consequence of the dearth of evidence available to discrimination plaintiffs. This Note concludes by arguing that this subtle but problematic incongruity justifies a reform of the Rule.
Number of Pages in PDF File: 36
Keywords: Evidence law, discrimination law, Rule 404, propensity evidence
Date posted: July 11, 2013 ; Last revised: May 3, 2016