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Oct 2007
October 01, 2007

Supreme Court to Consider the Admissibility of "Me, too" Evidence in Actions Based on Age Discrimination in Employment

The U.S. Supreme Court has agreed to review the scope of circumstantial evidence permitted to be introduced at a trial of a federal age-discrimination-in-employment claim. In Sprint/United Management Co. v. Mendelsohn, a company-wide reduction in force resulted in a claim asserted by 51-year-old Plaintiff Mendelsohn, who alleged that her termination violated the Age Discrimination in Employment Act. At trial, the District Court refused to allow Mendelsohn to introduce so-called "me, too" testimony from other employees, not parties to the case, who also alleged the company discriminated against them on account of age. The jury eventually found in favor of Sprint, but the U.S. Court of Appeals for the Tenth Circuit reversed, holding that the testimony was both relevant and admissible, and that the trial court's exclusion of the testimony deprived Mendelsohn of a fair trial.

A decision is expected from the Supreme Court in spring 2008. Interested parties should contact the Chair of our Appellate Practice Group for more information about filing an amicus curiae brief in this case.

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