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Labor/Employment

Jul. 18, 2013

'Me too' evidence cannot save a futile discrimination claim

A recent decision is a welcome limitation on the admissibility of "me too" evidence in light of the history of California courts of admitting a fairly broad range of such evidence. By Kevin D. Sullivan


By Kevin D. Sullivan


Rejecting a plaintiff's last-minute effort to reframe his race/national origin discrimination complaint into an "Arab favoritism style case," a California appellate court recently imposed a much-needed limitation on the admissibility of "me too" evidence. In Hatai v. Department of Transportation, 2013 DJDAR 4156 (Cal. App. 2nd Dist. March 28, 2013), the Court of Appeal affirmed a trial court's decision to ad...

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