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Three of the witnesses alleged that they heard one or more Sprint supervisors or managers make remarks denigrating older workers.
Respondent Mendelsohn’s age discrimination case, petitioner Sprint moved in limine to exclude the testimony of former employees alleging discrimination by supervisors who had no role in the employment decision Mendelsohn challenged, on the ground that such evidence was irrelevant to the case’s central issue, see Fed...
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Rules Evid. 401, 402, and unduly prejudicial, see Rule 403. Granting the motion, the District Court excluded evidence of discrimination against those not “similarly situated†to Mendelsohn. The Tenth Circuit treated that order as applying a per se rule that evidence from employees of other supervisors is irrelevant in age discrimination cases, concluded that the District Court abused its discretion by relying on the Circuit’s Aramburu case, determined that the
evidence was relevant and not unduly prejudicial, and remanded for a new trial...
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