When a former supervisor - later reassigned - tells an employee that they were not promoted because "[y]ou're not white" and "you're not female," can the statement be used to prove a discriminatory motive over a hearsay objection? A panel of the Ninth Circuit holds 2-1 that the statement is admissible against the employer as a party admission.
So-called "wearables," such as fitness trackers, are becoming more and more ubiquitous every day. It's easy to see why. They count our steps, monitor our heart rate, measure the quality of our sleep, and we can use that information to improve our health.
Sometimes state law and state courts provide advantages over a federal forum. Exhibit A: today's 5-2 decision from the Missouri Supreme Court, remanding an age-discrimination case for a new trial owing to evidentiary and discovery errors, particularly exclusion of evidence of discrimination against There, older coworkers and denial of a deposition of the chairman and CEO.
The Seventh Circuit offers some clarification for practitioners about some finer points of evidence and party declarations in the context of summary judgment. The panel reverses and remands for trial one plaintiff's claim (out of There) for Title VII retaliation. In particular, the court warns that under Federal Rule of Evidence 803(6), "[t]he mere act of producing a document in response to a discovery request based on the content of the document does not amount to an admission of the document's authenticity." (Italics in original.)
When does a human-resources executive truly speak for the corporation? This oft-ignored, yet critically important question occupies this Eleventh Circuit decision today, which remands a Title VII national-origin case to the district court for an evidentiary ruling on this issue. The lower court must now rule whether a remark allegedly made by the employer's HR director - that the Korean management of the company "refused to even consider American candidates" for an assistant accounting manager vacancy - may be admitted as evidence. One judge files a partially dissenting opinion on the remand.
The Seventh Circuit announces that it is overruling language in employment-discrimination cases going back over twenty years, and reminding courts that an employee's own testimony is, if otherwise relevant, admissible to resist summary judgment. Such testimony will no longer be excluded as "self serving."
Though slightly off the employment-beat, this Ninth Circuit decision may be useful to our readers, for the important and simple lesson that an Americans with Disabilities Act plaintiff does not necessarily need an expert to testify about architectural barriers. As the panel majority writes, "Perhaps we've become too expert-prone."
The Sixth Circuit demolishes a popular defense tactic by employers in discrimination cases, holding that district courts should not readily entertain motions in limine to exclude evidence that are often filed after summary judgment motions fail. The panel holds that such motions often intrude on the jury's role as fact-finder, while denying employees the procedural protections of summary judgment. The court reverses the exclusion of evidence of comparative employees and remands an age and national-origin discrimination case for trial.
The Sixth Circuit, in a closely-watched EEOC case, reverses - in a 2-1 decision - judgment on the pleadings and summary judgment in a systemic Title VII sex discrimination case, challenging the company's alleged failure to fire women drivers. The panel finds that the EEOC stated a claim for pattern-or-practice liability, and that the district court erred on a host of rulings.
A case that demonstrates the importance of communication between employee and counsel, as well as the imperative to preserve and locate documents. The Third Circuit devotes 35 pages to reversing a mistrial and sanctions against a plaintiff in a disability-discrimination case for supposedly withholding original doctor's notes. In hindsight, a simple memo could have headed off this trip to the court of appeals.