Trial brief: evidence of similar incidents is relevant and admissible

CAUSE NO.

[STYLE]

TO THE HONORABLE JUDGE OF THE COURT:

Defendant requests this court to limine out evidence relating to other employee’s complaints or claims against the Plaintiff’s supervisor and/or the Defendant. The type of evidence Defendant seeks to exclude is relevant and admissible. Further, Defendant’s primary authority does not stand for the proposition for which Defendant suggests.

Defendant cites Hirase-Doi v. U.S. West Communications, Inc., 61 F.3d 777, 782 (10th Cir. 1995) for the proposition that the only evidence which may be relied upon is of instances of harassment directed towards the Plaintiff. However, Defendant misconstrues and omits pertinent portions of the court’s holding. Specifically, the court rejected U.S. West’s argument that the plaintiff could not rely on harassment suffered by other individuals to establish a hostile work environment. Id. at 782. In fact, the court had previously held in Hicks v. Gates Rubber Co., 833 F.2d 1406, 1415-16 (10th Cir. 1987) that “evidence of a general work atmosphere including evidence of harassment of other women may be considered in evaluating a claim.” Id. at 782. The court went on to hold that, so long as the plaintiff presents evidence that she was subject to harassment by the individual, other instances are admissible. Id.

Further, Defendant attempts to rely on Harpring v. Continental Oil Co., 628 F.2d 406, 410 (5th Cir. 1980), cert denied, 454 U.S. 819 (1981) for the position that similar complaints are not admissible. However, again, an accurate review of the case reveals that information from one of the witnesses for plaintiff was excluded because the evidence...