On March 29, SHRM and the Equal Employment Advisory Council (EEAC) filed a joint brief with the U.S. Supreme Court in Sprint/United Management Company v. Mendelsohn.
SHRM supported Sprint in a dispute to determine whether a former employee may admit “me too” testimony of other former employees in an age discrimination claim. “Me too” evidence refers to the testimony of a witness who also claims discrimination, but worked in a different business unit and for a different supervisor.
In its brief, SHRM argued that if “me too” evidence were to be allowed, the employer would be faced with litigating not only the decision being challenged, but also the circumstances of every termination or adverse employment action taken against each of the “me too” witnesses.
HR professionals are often responsible for confirming the facts of each termination and may be required to testify in court. In addition to requiring HR professionals to spend more time and resources defending these claims, these suits could negatively impact employee morale and productivity.
To view a copy of the amicus brief submitted by SHRM and the EEAC, please click HERE.