Court Restricts Use of “Me-Too” Evidence to Support a Discrimination Claim

By: Sam G. Sherman, Esq. In 2009 and 2011 decisions, California courts held that Plaintiffs can support a claim of discrimination with "me-too" evidence--evidence that the employer or a particular supervisor discriminated against other similarly situated employees in the past. Common examples involve a woman supporting a pregnancy discrimination case with evidence that the employer had terminated other female employees upon return from maternity leave. In Hatai v. Department of Transportation, the plaintiff claimed he was discriminated against based on his…

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