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What Now For 'Me-Too' Evidence?

Law360 (October 22, 2008, 12:00 AM EDT) -- If evidence exists of discriminatory intent on the part of a manager in a research and development lab, is that evidence relevant to prove discrimination against an accounting employee in the same company?

In a non-judicial setting, common sense would say “no.” Employees seeking to prove that an employer engaged in pervasive discrimination throughout the corporation, however, would say “yes.”

And not surprisingly, courts’ rulings have varied. Recently, the Supreme Court, in Sprint/United Management Co. v. Mendelsohn,[1] addressed the admissibility of this type of circumstantial evidence,...
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