According to the Legal Intelligencer, the US Supreme Court is set to hear oral argument on five cases involving age discrimination. Two of the cases should be of particular interest, since they involve somewhat novel questions.
For example, one case (Sprint/United Management Co. v. Mendelsohn, 06-1221) will answer the question of whether an employee claiming age discrimination can offer “me too” testimony. In other words, should she be permitted, in her claim of age discrimination, to offer testimony from other employees who claim they were similarly treated, even when they reported to different supervisors?
In another case (Meacham v. Knolls Atomic Power Lab, 06-1505) the Court will consider who has the burden of proof in an age discrimination case – the employee claiming that he was terminated due to his age or the employer claiming that there was a non-age related reason for the termination?
As you can imagine, both cases may have a significant impact on not only age discrimination litigation but also on cases involving discrimination on the basis of other criteria. We’ll keep following these, and let you know what the Court does with these.
[Edit: The Court has ruled on the use of “Me Too” evidence, in the Sprint Case.]