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'Me, Too' Evidence

21 January 2008

The National Law Journal
On December 3, 2007, the U.S. Supreme Court heard oral argument in Sprint/United Management Co. v. Mendelsohn, No. 06-1221. At issue in Mendelsohn is whether a district court can permissibly exclude from an employment discrimination trial what is often called “me, too” evidence — specifically, testimony by other employees of the same employer who, like the plaintiff, were allegedly discharged, demoted or otherwise adversely affected because of the same protected characteristic, but who worked in other parts of the company and for different supervisors.
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