Selected Salient Evidentiary Issues in Employment Discrimination Cases

Abstract

This short paper was prepared as a handout for a presentation given for the ALI-ABA and Georgetown CLS, at Georgetown University Law Center. The major sections of the paper are as follows: Significant Relevance for a Nonhearsay Purpose Avoids the Exclusionary Hearsay Rule; “Me, Too,” “He‟s Done It Before,” “Not Me”: Evidence of Character and of Other Acts; Chart: Character Evidence Rules Road Map; Other Sexual Conduct of Plaintiff; Rulings as to Waiver of Attorney-Client Privilege.

Keywords: evidence, employment discrimination, hearsay rule, character evidence, sexual conduct of plaintiff, waiver of attorney-client privilege, retaliation, illegal activity

JEL Classification: K19, K29, K39, K49