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Labor Relations and The Supreme Court

By John P. Furfaro and Risa M. Salins
October 29, 2008

This is the first of two articles discussing labor and employment decisions issued by the U.S. Supreme Court in its 2007-08 term. The article herein examines the Court's rulings with respect to: 1) the admissibility of so-called “me too” testimony in employment discrimination suits; 2) the meaning of a “charge” for purposes of the Age Discrimination in Employment Act's (ADEA) filing requirements; 3) whether employees may bring retaliation claims under 42 USC ' 1981; and 4) whether federal employees may bring retaliation claims under the ADEA.

'Me Too' Evidence

In Sprint/United Mgmt. Co. v. Mendelsohn, 128 SCt 1140 (2008), the Supreme Court unanimously ruled that non-party testimony alleging discrimination by supervisors of the defendant company who played no role in the adverse employment decision challenged by the plaintiff ' so-called “me too” evidence ' is neither per se admissible nor per se inadmissible. Rather, admissibility of such evidence depends on its relevance and potential prejudicial effect in each particular case.

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