Employment Evidence

This innovative new work delivers dozens of strategic guides to virtually every employment evidence battleground—from after-acquired evidence through discriminatory remarks to past sexual conduct.

The keys to evidence victories are smart tactics, persuasive arguments, and supporting authority. All three can be found in Eugene Hollander’s (www.ekhlaw.com) Employment Evidence. This strategic guide to admission and exclusion offers foundations, objections, responses, tactics, jury instructions, motions in limine, and supportive authority for admitting and excluding:

• EEOC determination letters and files
• Unemployment compensation records
• Arbitration decisions

Liability

• Plaintiff’s and defendant’s past sexual conduct
• After-acquired evidence
• Defendant’s prior acts of disparate treatment
• Statistical evidence
• Personnel manuals and corrective action policies
• Employee disciplinary records and personnel files
• Severance agreements
• Missing documents or destruction of evidence
• Discriminatory remarks

Damages

• Defendant’s net worth
• Plaintiff’s financial evidence
• Plaintiff’s medical & psychological history
• Independent medical or psychological exams
• MMPI-II & other psychological tests
• Expert testimony

Defenses

• Defendant’s business judgment reasons
• Bona fide occupational qualifications
• Ellerth/Farragher affirmative defense
• Undue hardship
• Same actor
• Laches

Now you can anticipate and circumvent problems in admitting your evidence and exclude or limit what the opposition throws at you. The book is designed for quick reference with centerfold index, frequent headings, shaded tips, boxed objections, argument checklists, tactics by party, and 750 cases divided into those admitting and those excluding. The coverage far exceeds the mechanics of admitting and excluding—the in-depth treatment of rules, definitions, distinctions will extensively support your case.

Nearly every topic in Employment Evidence is supported with multiple forms, and digital copies of the book’s forms and checklists can be accessed and modified using your favorite word processor.

REVISION 17 HIGHLIGHTS

In this 2020 edition of Employment Evidence, author David W. Neel continues to build on the strong foundation established by Eugene K. Hollander (author of the first edition and multiple supplements), with expanded and updated the coverage of the governing law, dozens of new case summaries, and four new forms. The highlights include:

NEW CASE SUMMARIES AND LEGAL ANALYSIS RE ADMISSIBILITY OF:

Administrative Decisions and Materials

• EEOC Determination Letters and Materials
•  State Administrative Agency Reports
•  Collateral Estoppel (Issue Preclusion) or Res Judicata (Claim Preclusion)
•  Arbitration Decisions
•  Disability Applications and Materials

Plaintiff’s Prior Acts

• Previous Sexual Contact with Alleged Harasser
•  Sexual Behavior in Workplace
•  After-Acquired Evidence
•  Poor Work Performance at Prior Employer

Defendant’s Documents

• Personnel Manuals and Policies
•  Business Records and Internal Memoranda
•  Cases Involving Employee Disciplinary Records and Personnel Files
•  Missing Documents or Destruction of Evidence
•  Destruction of Documentary Evidence
•  Severance Agreements; Defendant’s Post-Termination Offers

Discovery

• Cost-shifting
• Electronically-stored information

PLUS!

Expanded Coverage, Cases and Analysis re: Expert Evidence; Electronic Evidence; Attorney’s Fees and Costs;Punitive Damages; and more!

NEW FORMS

» Brief in Opposition to Motion to Amend Answer to Include After-Acquired Evidence Defense
» Litigation Hold Letter – Missing Documents/Destruction of Evidence
» Default Standard for Discovery of Electronically Stored Information
» Definition of “Document” in Document Request Covering ESI

ABBREVIATED TABLE OF CONTENTS

CHAPTER 1 SUMMARY JUDGMENT
CHAPTER 2 ADMINISTRATIVE DECISIONS AND MATERIALS
CHAPTER 3 PLAINTIFF’S PRIOR ACTS
CHAPTER 4 DEFENDANT’S PRIOR ACTS
CHAPTER 5 STATISTICAL EVIDENCE
CHAPTER 6 DEFENDANT’S DOCUMENTS
CHAPTER 7 TESTIMONIAL EVIDENCE
CHAPTER 8 FINANCIAL EVIDENCE
CHAPTER 9 PLAINTIFF’S MEDICAL AND PSYCHOLOGICAL EVIDENCE
CHAPTER 10 EXPERT EVIDENCE
CHAPTER 11 EMPLOYER RESPONSES
CHAPTER 12 DEMONSTRATIVE EVIDENCE
CHAPTER 13 ELECTRONIC EVIDENCE
CHAPTER 14 ATTORNEY’S FEES AND COSTS
CHAPTER 15 PUNITIVE DAMAGES

ABOUT THE AUTHORS

Eugene Hollander is a principal of the Law Offices of Eugene K. Hollander, Chicago, Illinois. Mr. Hollander concentrates on representing employees and employers in all phases of employment litigation before the state, federal, and appellate courts and administrative agencies. He is a frequent lecturer on topical employment issues. Mr. Hollander is a member of the National Employment Lawyers Association, Federal Bar Association, Illinois State Bar Association, and Chicago Bar Association.

David W. Neel is the Principal of the Law Offices of David W. Neel in Cleveland, Ohio. He has over 30 years of experience as a civil trial lawyer focusing on employment law. Mr. Neel earned a Bachelor of Arts with honors from Kenyon College; his law degree with honors from Cleveland-Marshall College of Law; and an LL.M. from Columbia University. He is an Adjunct Professor of Evidence at Cleveland-Marshall College of Law, where he teaches courses on Evidence and Employment Discrimination.