"Me Too" evidence in New York Employment Discrimination Cases
A Sprint employee sued for age discrimination and lost her jury trial. She appealed because the trial court did not let other Sprint employees testify that they too thought that they were fired because of their age. The Tenth Circuit Court of Appeals agreed and ordered a new trial and held that it is reversible error to exclude such testimony in an employment discrimination case.
The United Supreme Court has now stepped in an agreed to hear the matter in October.
The Supreme Court agreed to hear this case because it "presents a recurring question of proof in employment discrimination cases: whether a district court must admit "me, too" evidence - testimony, by non-parties, alleging discrimination at the hands of persons who played no role in the adverse employment decision challenged by the plaintiff."
The Court added that the "Tenth Circuit panel majority held that a court commits reversible error by excluding "me, too" evidence. This decision conflicts with those of other circuits. Specifically, four circuits have held "me, too" evidence wholly irrelevant. Five circuits have that "me, too" evidence may be excluded under Federal Rule of Evidence 403. Granting certiorari will resolve the conflict between the circuit courts of appeals on this important question of law."
