Tag Archives: Evidence

School District Sanctioned for Failing to Preserve Evidence After Receiving EEOC Charge

A Maryland federal district court’s decision underscores the need to preserve evidence once notified of a potential lawsuit and the significant consequences for not doing so. In Eller v. Prince George’s Cty. Pub. Sch., 2020 U.S. Dist. LEXIS 234367 (D. Md. Dec. 11, 2020), an employment discrimination case, the court found the school district’s failure … Continue Reading

Court Excludes EEOC Determination Letter That Contained Factual Inaccuracies and Conclusions of Law

Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial.  In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec. 11, 2020).  Nuccio highlights an … Continue Reading

“Me Too” Evidence in a #MeToo World

Before “#MeToo” became a movement, it was a well-known, damaging type of evidence to employers litigating discrimination claims.  “Me too” in the employment litigation context refers to evidence that employees other than the plaintiff also were also discriminated against. Employers had traditionally sought, with mixed results, to exclude such evidence as improper character evidence under … Continue Reading
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