Employment Evidence

Description

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 David W. Neel’s 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 22 HIGHLIGHTS

In this 2025 edition of Employment Evidence, author David W. Neel more than 100 new case summaries and 15 new forms. The highlights include expanded coverage of::

Summary Judgment

• Materials in the record: admissibility, authentication of and objections to
• Claims precluded/not precluded based on judicial estoppel
• Form: P’s Brief in Opposition to D’s Motion for Summary Judgment – ADA Case
• Form: D’s Motion to Strike, or Objections to, P’s Exhibit in Opposition to D’s MSJ
• Form: P’s Opposition to D’s Motion to Strike Plaintiff’s Exhibit [Rule 56(c)(2)]

Administrative Decisions and Materials

• EEOC position statement as admission of party opponent/prior inconsistent statement
• Weight of state administrative agency reports
• Preclusive effect of arbitrations decisions
• Form: Arguments in Support of Motion to Consider Arbitrator’s Decision
• Form: Arguments in Opposition to Motion to Consider Arbitrator’s Decision

Statistical Evidence

• Form: Legal Arguments Supporting MSJ re: Bottom Line Defense
• Form: Legal Arguments in Opposition to MSJ re: Bottom Line Defense
• Form: Legal Arguments Supporting MSJ re: Business Necessity Defense
• Form: Legal Arguments in Opposition to MSJ re: Business Necessity Defense
• Form: Arguments in Support of Motion for JMOL re: Pattern or Practice

Financial Evidence

• Form: D’s MIL to Bifurcate Punitive Damages, Exclude Evidence of Financial Condition
• Form: P’s Opposition to MIL to Bifurcate Punitive Damages, Exclude Evidence of Financial Condition

Plaintiff’s Medical and Psychological Evidence

• Discovery in ADA Cases
• Request for Rule 35 exam is not retaliation in violation of Title VII
• Form: P’s Motion in Limine to Exclude Testimony of D’s Psychological Expert
• Form: Motion for Rule 35 Exam
• Form: P’s Brief in Opposition to Motion for Rule 35 Exam

And Even More Case Summaries and Analysis re:

• Defendant’s Prior Acts: “Me too” evidence; prior harassment complaints; notice
• Employer Responses: BFOQ; RFOA; undue hardship (ADA cases); offers of reinstatement
• Demonstrative Evidence: Rule 1006 summaries at summary judgment

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 AUTHOR

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.