Shannon v. Pay 'N Save Corp.

(concurring in part, dissenting in part) — I concur in the result because I agree that instruction 17, the statement of the "four-fifths" rule, is an impermissible comment on the evidence. However, I disagree with the majority's treatment of disparate impact analysis and the payment of expert witness costs.

Underlying my disagreement with the majority is a basic difference between the majority's and my understanding of the purpose of the discrimination statute. I believe the majority inaccurately dichotomizes potential interpretations of the statute; the majority endorses an interpretation of…