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 18 HIGHLIGHTS

In this 2021 edition of Employment Evidence, author David W. Neel brings you expanded and updated coverage of the governing law and dozens of new case summaries, spanning the entirety of the book. The highlights include:

NEW CASE SUMMARIES AND LEGAL ANALYSIS RE ADMISSIBILITY OF:

Administrative Decisions and Materials

• Plaintiff’s Tactics
• EEOC Determination Letters and Materials
• Collateral Estoppel (Issue Preclusion) or Res Judicata (Claim Preclusion)
• Disability Applications and Materials

Plaintiff’s Prior Acts

• Sexual Behavior in Workplace
• After-Acquired Evidence

Defendant’s Prior Acts

• Defendant’s Prior Sexual Conduct
• Cases Involving “Second-Hand” Harassment
• Cases Involving Notice, Motive, or Intent
• Cases Involving Pervasiveness or Pretext
• Cases Involving Other Lawsuits or Charges of Discrimination

Statistical Evidence

• Cases Involving Statistics in Disparate Treatment Cases
• Cases Involving Statistics in Disparate Impact Cases
• Class Action/Pattern and Practice Cases

Financial Evidence

• Cases Involving Evidence of Defendant’s Net Worth
• Cases Involving Evidence Used to Determine Plaintiff’s Damages

Plaintiff’s Medical and Psychological Evidence

• Cases Involving ADA Claims
• Cases Involving Rule 35 Independent Medical Exams

Employer Responses

• Cases Involving Evidence Regarding Business Judgment Rule
• Bona Fide Occupational Qualification
• Cases Involving Adequacy of Employer’s Sexual Harassment Policy

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 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.