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 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 20 HIGHLIGHTS
In this 2023 edition of Employment Evidence, author David W. Neel brings you expanded and updated coverage of the governing law, including nearly 200 new case summaries and 8 new forms. The highlights include:
Case Summaries and Legal Analysis re:
Plaintiff’s Prior Acts
- Sexual behavior in the workplace
- Sexual conduct outside the workplace
- Prior lawsuit against defendant / against another employer
Defendant’s Prior Acts
- Sexual harassment: pervasiveness; other incidents/complaints to prove notice, motive, intent
- Disparate treatment: discrimination against other protected classes
Financial Evidence
- Undue burden — ADA failure to accommodate
- Defendant’s tactics: “David and Goliath” argument is unduly prejudicial
Plaintiff’s Medical and Psychological Evidence
- Discoverability of medical records governed by relevance standard not “in controversy” standard
- Waiver of psychotherapist-patient privilege (P alleged more than “garden variety” damages)
- Parameters of IME, e.g., videotaping exam; limiting tests given
Employer Responses
- Business judgment defense in “failure to promote” case
- Ellerth/Faragher defense: adequacy of employer’s sexual harassment policy
Attorney’s Fees and Costs
- Contingent fee cases
- Fees awarded to defendant
New Forms
- Plaintiff’s MIL to Exclude Evidence of Separate Lawsuit Against Defendant
- Defendant’s MIL to Exclude Extraneous Witness Testimony
- Plaintiff’s Opposition to MIL to Exclude Extraneous Witness Testimony
- Plaintiff’s MIL to Admit Police Report
- Plaintiff’s Daubert Motion to Prevent Defendant From Using Psych Expert’s Testimony
- Defendant’s Opposition to Daubert Motion to Prevent Use of Psych Expert’s Testimony
- Defendant’s MIL to Bar Evidence of Compensatory and Punitive Damages
- Plaintiff’s Opposition to MIL to Bar Evidence of Compensatory and Punitive Damages
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.
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