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 16 HIGHLIGHTS

With this 2019 edition of Employment Evidence, we are pleased to welcome new author, David W. Neel. Building on the strong foundation established by Eugene K. Hollander (author of the first edition and multiple supplements), Mr. Neel has expanded and updated the coverage of the governing law; added dozens of new case summaries throughout the book; and provided 11 new forms. The highlights include:

Summary Judgment

• Expanded discussion of Pleading Standards, Causation Standards and Methods of Proof
• New Form: Brief in Support of Defendant’s Motion for Summary Judgment—ADA-Direct-Threat Defense

Administrative Decisions and Materials

• New case summaries re admissibility of: EEOC determination letters and materials; state administrative agency reports; and arbitration decisions

Plaintiff’s Prior Acts

• Expanded discussion of the law governing after-acquired evidence, including tactics for admitting and excluding this evidence, supported by new case summaries
• New Form: Plaintiff’s Motion in Limine to Exclude Evidence of Plaintiff’s Alleged Drug Use Including as it Relates to the for her Termination

Defendant’s Prior Acts

• Expanded discussion of Fed. R. Evid. 415
• New case summaries covering admissibility of evidence re: pervasiveness; notice, intent or motive of employer; and other lawsuits or charges of discrimination

Statistical Evidence

• Updated and greatly expanded discussion of the law governing use of statistics in disparate treatment cases, plus more than 20 new case summaries admitting and excluding this evidence

Testimonial Evidence

• New case summaries covering the admissibility of evidence re: discriminatory remarks as circumstantial evidence of discrimination; stray remarks; hearsay; prior consistent statements
• New Form: Cat’s Paw – Disability Discrimination — Plaintiff’s Brief

Financial Evidence

• Updated discussion of the law governing evidence of defendant’s net worth, plus more than 10 new cases admitting and excluding this evidence
• New Form: Motion to Bifurcate Punitive Damages From Liability and Compensatory Damages at Trial

Plaintiff’s Medical and Psychological Evidence

• New Form: Medical Release
• New Form: Interrogatories Regarding Medical and Psychological Information
• New Form: Medicare Warranties for Settlement Agreement

Employer Responses

• New Form: Brief in Support of Motion for Summary Judgment on Business Judgment Rule
• New Form: Plaintiff’s Brief in Opposition to Defendant’s Motion to Dismiss—Judicial Estoppel and Related Issues
• New Form: Trustee’s Application to Intervene

Demonstrative Evidence

• New case summaries re: admissibility of summary evidence

And More!

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

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.