California Appeals Court Rejects ‘Me Too’ Evidence in Race and National Origin Discrimination Case

A trial court properly excluded an employee’s “me too” evidence of alleged discrimination against employees of races different than the plaintiff’s, the California Court of Appeal has ruled in a race and national origin discrimination case under the California Fair Employment and Housing Act. Hatai v. Department of Transp., No. B236757 (Cal. Ct App. Mar. 28, 2013). However, since plaintiffs in employment discrimination or harassment cases can bring “me too” evidence showing discrimination against other workers within their same protected class, the Court found the trial court properly permitted the employee to introduce evidence of discrimination against other persons of the same race as the employee. The jury nevertheless rendered a verdict in favor of the employer and the Court of Appeal affirmed.