Evidence in Employment Cases

New York Governor Hochul has recently approved three pieces of legislation, specifically, relating to (1) admissibility of certain statements under the “hearsay” rule; (2) remote notarization; and (3) insurance disclosures. Hearsay. First, S7093/A8040 (Hoylman/Dinowitz) amends the rules of evidence to permit the admission of an opposing party’s statement if made by an agent or employee made within…

Read More New Laws Re: Hearsay, Remote Notarization, & Insurance Disclosure
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A recent decision, Boyce v. Bruce Weber and Little Bear, Inc., 19-cv-3825, 2021 WL 2821154 (S.D.N.Y. July 7, 2021), is instructive as to how courts resolve evidentiary issues arising in the context of sexual harassment claims. In this case, plaintiff (a fashion model) asserts claims for sexual harassment against defendant Weber (a fashion photographer) under…

Read More Court Rules on “Modus Operandi” Witnesses in Bruce Weber Sexual Harassment Case
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In Doton v. City of Syracuse, 11-CV-620, 2019 WL 6337326 (NDNY Nov. 27, 2019), a gender discrimination case, the court ruled on various motions in limine with respect to evidence the parties seek to introduce at the upcoming trial. Among other issues addressed by the court, defendants sought to preclude Plaintiff from offering “me too” evidence “regarding…

Read More Court Discusses “Me Too” Evidence in Gender Discrimination Case
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In Crawford v. ExlService.com, LLC et al, 16-cv-9137, 2019 WL 6284228 (S.D.N.Y. Nov. 25, 2019), the court held that the former in-house counsel for defendant “is not categorically precluded from testifying on grounds of attorney-client privilege”, reasoning that “not all conversations between an attorney and a client are privileged.” The court noted that “[a]t trial,…

Read More Former In-House Counsel May Testify in Hostile Work Environment Case
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In Boger v. New York State Office of Parks, Recreation & Historic Preservation, 17-cv-289, 2019 WL 6038545 (N.D.N.Y. Nov. 14, 2019) – an age and discrimination case – the court, inter alia, precluded plaintiff from introducing so-called “me too” evidence from plaintiff’s co-workers who were also allegedly discriminated against. The court reasoned: Because Nagle and…

Read More Co-Worker Employment Discrimination Evidence Precluded as Prejudicial
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In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court…

Read More Court Precludes Expert Testimony on Emotional Distress in Race Discrimination Case
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In Rao v. Rodriguez, No. 14-cv-1936, 2017 WL 1403214 (E.D.N.Y. Apr. 18, 2017), a race/national origin/age discrimination case, the court – having previously denied defendants’ motions for summary judgment – ruled on several motions in limine as to the evidence to be presented at trial. In one such motion, defendants sought to preclude “any evidence regarding a statement…

Read More Court Allows Evidence of Post-Termination “Brown Monkey” Remark in Race/National Origin Discrimination Case
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In Sheng v. M&TBank Corp., No. 14-4467-CV, 2017 WL 443641 (2d Cir. Feb. 2, 2017), a pregnancy discrimination case, the U.S. Court of Appeals for the Second Circuit held that the defendant/employer’s offer to reinstate the plaintiff/employee was conditioned on plaintiff dropping her lawsuit, and was therefore inadmissible under Federal Rule of Evidence 408. In…

Read More 2d Circuit: Reinstatement Offer Conditioned on Foregoing Pregnancy Discrimination Case Should Have Been Excluded; Defense Verdict Overturned
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In Walsh v. New York City Housing Authority, 14-181-cv, 2016 WL 3632245 (2d Cir. July 7, 2016), a Title VII gender discrimination failure-to-hire case, the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant. It is worth a read, for at least the reason that it…

Read More Citing People v. Gambini, 2d Circuit Reinstates Female Bricklayer’s Gender Discrimination Failure-to-Hire Case
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In Belton v. Lal Chicken, Inc., 2016 NY Slip Op 03115, 2016 WL 1629367 (N.Y. App. Div. 1st Dept. Apr. 26, 2016), the Appellate Division, First Department upheld a jury verdict of $320,000 for plaintiff on her sexual harassment (hostile work environment) claim under the New York City Human Rights Law. From the decision: Plaintiff…

Read More Court Upholds Sexual Harassment (Hostile Work Environment) Jury Verdict for Plaintiff, Citing Rejection of Unwanted Advances and Lack of “Meaningful” Anti-Discrimination Policy
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