Propensity Evidence in Employment Discrimination Claims: FRE 401, 403, 404; Admission and Exclusion Strategies

Mr. Carr has extensive experience conducting internal investigations and representing companies in labor and employment disputes before administrative agencies and in federal court. He secured a jury and bench verdict in favor of a major U.S. city in a federal court case alleging race and political affiliation discrimination. In one of the first district court cases addressing the “ministerial exception” after the Supreme Court’s 2020 ruling in Our Lady of Guadalupe v. Morrissey-Berru, Mr. Carr successfully won summary judgment in the employer’s favor on a terminated employee’s claim of pregnancy discrimination. He also has experience defending employers against wage-and-hour claims, including securing summary judgment and a circuit court affirmance in an employer’s favor in a case alleging misclassification and unpaid overtime under the FLSA.

Since 2002 Mr. Jackson has devoted his career to representing employees whose rights have been violated in the workplace. He handles nearly all aspects of litigation arising from the employment relationship, representing employees with a wide variety of legal claims arising from the workplace. Mr. Jackson has particular experience representing salespersons and management level employees who have been the victims of wage and hour violations perpetrated by automobile dealerships, which is all too common and often goes unpunished.