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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