Frank C. Morris, Jr., a Member of the Firm in the Litigation practice and Head of the Labor and Employment practice at the Washington, D.C. office, was quoted in a November 19, 2007, National Law Journal article on the U.S. Supreme Court hearing arguments on a job bias case with implications far beyond the Age Discrimination in Employment Act (ADEA), the statute at its core.
The article, “Court Takes Time on ‘Me, Too’ Age Bias,” noted that Sprint/United Management Co. v. Mendelsohn, one of four age bias-related cases on the high court’s docket this term, asks the justices whether a district court must admit so-called “me, too” evidence, or testimony by employees in the same company as the plaintiff who claim they suffered discrimination from a different supervisor. The article stated the court’s decision may apply equally to the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, race discrimination claims and parts of the Family and Medical Leave Act.
“If ‘me, too’ evidence is a proper element, every plaintiff will try to introduce it,” said Morris. “It will force an employer to defend not only the real case but any number of other phantom cases.”
The Court’s decision could also have a huge impact on employment discrimination case summary judgment motions and not just admissible trial evidence, Morris added.