Supreme Court Rules on “Me Too” Evidence in Age Discrimination Case

I recently reported that the United States Supreme Court was going to consider whether an employee in a discrimination case could offer “me too” testimony, which is the name given to testimony given by other persons not involved in the case but who would testify that they were subject to the same type of harassment or discrimination as the plaintiff.

The Court ruled last week that the lower court was wrong to develop a per se rule regarding whether such testimony is or is not admissible (Thanks to HR Hero for the notice). In the case of Sprint/United Management Co. v. Mendelsohn, No. 06-1221, the Court remanded the case for a determination of whether the facts of this particular case warrant its admission.

For now, there is no guarantee that such testimony will be excluded, but at least there also is no guarantee that it always will be admissible.

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