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SHOTWELL v. DONAHOE

No. CV-03-0122-PR.

85 P.3d 1045 (2004)

207 Ariz. 287

Madeline SHOTWELL, Petitioner, v. The Honorable Gary DONAHOE, Judge of the Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, Smith Painting, Inc.; Michael C. Smith and Linda L. Smith, husband and wife, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

February 25, 2004.

Attorney(s) appearing for the Case

Jackson White, P.C. by Michael R. Pruitt and Bobbie J. Rasmusson, Mesa, for Petitioner.

Steiner & Steiner, P.C. by Richard A. Steiner and Norris C. Livoni, Phoenix, for Real Parties in Interest Smith Painting, Inc., Michael C. Smith, and Linda L. Smith.

Jaburg & Wilk, P.C. by Kraig J. Marton and Gregory S. Fisher and The Grimwood Law Firm by N. Douglas Grimwood, Phoenix, for Amicus Curiae Arizona Employment Lawyers Association.

BERCH, Justice.

¶ 1 This case requires us to determine whether a reasonable cause determination letter issued by the United States Equal Employment Opportunity Commission ("EEOC") is automatically admissible as evidence in a Title VII employment discrimination lawsuit. We reject the Ninth Circuit rule that an EEOC reasonable cause determination is admissible per se and hold that the Arizona Rules of Evidence govern the...

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