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Admissibility of "Me Too" Evidence Will Be on a Case-By-Case Basis

This report relates to 1 case(s)

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    Sprint/United Management Company v. Ellen Mendelsohn, 522 U.S. 379 (2008) (0 other reports)

Author: Vonde Smith, Law Offices of Vonde M. Smith, PC

In Sprint/United Management Company v. Ellen Mendelsohn, 522 U.S. 379 (2008), the Supreme Court considered whether a plaintiff should be allowed to prove his or her discrimination claim by using evidence of alleged discrimination against other employees by other supervisors, often referred to as "me too" evidence.

In doing so, the Supreme Court reviewed what appeared to be a court order excluding "me too" evidence for any purpose. The Supreme Court held that the Federal Rules of Evidence require that evidence in a discrimination case must be assessed on a case-by-case basis. An outright ban on "me too" evidence is not permissible.