The U.S. Supreme Court recently ruled in an age discrimination case that evidence of discrimination from a third party former employee may or may not be admissable depending on the facts of the case.

In Sprint/United Management Company v. Mendelsohn, decided Feb. 26, 2008 by the Supreme Court, the Tenth Circuit overruled the decision of the District Court to exclude evidence from a former employee who claimed she was also discriminated against on the basis of her age in a reduction in force.

The Supreme Court found that the admissibility of "me, too" evidence of discrimination involving other supervisors is a fact-based determination which is not "per se admissible or per se inadmissible." The Supreme Court reversed the Tenth Circuit's holding and emphasized the wide discretion courts of appeals must grant district courts because of the lower courts' familiarity with case details and greater experience in evidentiary matters.