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The Supreme Court's Recent ADEA Rulings: A Big Win and A Small Loss For Employers

MSK Client Alert
May 2008

In two recent decisions, the U.S. Supreme Court was called upon to decide important evidentiary and procedural questions arising under the Age Discrimination in Employment Act (“ADEA”). In the first of these cases, the Supreme Court curtailed the ability of claimants to pile on “me too” evidence of alleged discriminatory conduct by other supervisors against other employees. In the second, the Court held that completing only an “intake questionnaire” was sufficient to meet the prerequisite of filing an administrative “charge” before initiating a lawsuit.

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