Employment Evidence

Admit and exclude with these strategies, forms, and cases—past sexual conduct, after-acquired evidence, discriminatory remarks, missing documents, medical and psychological history, employee disciplinary records, and more.
Publisher: James Publishing

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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

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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