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.

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2023 Edition
ISBN: 9781580123341
In Stock
Best value
2023 Edition
ISBN: 9781580123341
In Stock
Best value
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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


Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.

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