Sprint v. Mendelsohn – Limiting Exposure in Employment Discrimination Claims

U.S. Supreme Court

NFIB has urged the Court to reinstate the trial court's decision, which properly excluded the "me too" evidence in this employment discrimination lawsuit.  Such an approach is consistent with Federal Rule of Evidence 403, which allows the trial court to exclude even relevant evidence on the grounds of potential "unfair prejudice, confusion of the issues, or misleading the jury."  If this kind of irrelevant "me too" testimony is allowed, then every plaintiff will produce a number of other people to say that they think they were discriminated against as well, resulting in more, and longer, trials.  In each case, the employer will be faced with litigating not only the decision being challenged, but also the circumstances of every termination or other adverse employment action taken against each of the "me too" witnesses.

Status: DECIDED. Amicus brief filed in support of Sprint Aug. 20, 2007. Oral argument held Dec. 3, 2007. In a unanimous decision, the Court reversed the 10th Circuit and held that "me-too" evidence is not required or barred.