Labor & Employment Law Alert: "Me Too" Evidence Left to the Discretion of Trial Courts
2/27/2008

In a decision that may have more relevance to employment attorneys than to their clients, the U.S. Supreme Court recently held that federal trial courts have the discretion to decide whether to admit so-called "me too" evidence in employment discrimination cases and what the scope of that evidence may be. "Me too" evidence is evidence that other employees, besides plaintiff, were also subject to similar discrimination by the same employer. To read the Court’s opinion in Sprint/United Management Co. v. Mendelsohn, click here.

This case serves to remind us that plaintiffs may be able to use claims of discrimination in one location, or involving one supervisor, to prove their cases in other locations or involving other supervisors. Courts in the Ninth Circuit have typically placed stringent limits on the scope of "me too" evidence; this decision may encourage plaintiffs’ lawyers to broaden that scope. Employers can reduce the risk that "me too" evidence is used against them by applying consistent standards in discipline and discharge decisions.

If you would like to discuss this development, or any other employment law issue, please contact your Stoel Rives attorney. For a list of attorneys in the Labor and Employment group, click here.

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