Supreme Court Holds "Me Too" Evidence May Be Admissible To Prove Discrimination

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Plaintiffs sometimes seek to prove employment discrimination by relying on evidence from other employees who claim that they too were the victims of discrimination. In Sprint/United Management Co. v. Mendelsohn the U.S. Supreme Court recently held that such "me too" evidence is neither per se admissible nor per se inadmissible. Instead, the Court instructed that admissibility of such evidence "depends on many factors, including how closely related the evidence is to the plaintiff's circumstances and theory of the case."

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