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29 U. Mem. L. Rev. 823 (1998-1999)
Motions in Limine in Employment Discrimination Litigation

handle is hein.journals/umem29 and id is 831 raw text is: Motions in Limine in Employment Discrimination Litigation CHARLES C. WARNER* I. INTRODUCTION .................................. 824 II. AUTHORITY AND PROCEDURE FOR MOTIONS IN LIMINE .. 825 III. LIMITING OR EXCLUDING EVIDENCE BASED ON RELEVANCE AND RELATED ISSUES .................. 827 A. Limiting Evidence Based on the Decision Chain .. 827 B. Me Too Evidence ........................... 828 C. Comparables Evidence ...................... 829 D. Complaints and Allegations by Others ............ 830 E. Stray Remarks ... .......................... 831 F. Excluding Evidence Based on Remoteness in Time... 832 G. Alleged Discriminatory Acts That Are Time-Barred ................................ 833 IV. LIMITING OR EXCLUDING EVIDENCE ARISING FROM PRIOR ADMINISTRATIVE OR INVESTIGATORY PROCEDURES ................................... 834 A. EEOC and State Agency Determinations .......... 834 B. Parties' Submissions During Investigations ........ 836 C. Arbitration Awards and Unemployment Compensation Rulings ......................... 836 D. Affirmative Action Programs and Self-Analysis Evidence .................................... 837 V. LIMITING OR EXCLUDING EVIDENCE BASED * Charles C. Warner is a partner in the firm of Porter, Wright, Morris & Arthur in Columbus, Ohio. He received his B.A. from Yale University and his J.D., cum laude, from Ohio State University College of Law. He is a Fellow of the College of Labor and Employment Lawyers, Co-Chair-Elect of the Equal Employment Opportunity Committee of the American Bar Association, and a contributing author to the third edition of Employment Discrimination Law. 823

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