United States Supreme Court

In an age discrimination case brought under 29 U. S. C. section 621 et seq., in which the district court excluded testimony by nonparties alleging discrimination at the hands of supervisors of defendant-company who played no role in the adverse employment decision challenged by plaintiff, a court of appeals decision remanding the matter with instructions to admit the challenged testimony is vacated and remanded where: 1) Federal Rules of Evidence 401 and 403 do not make such evidence per se admissible or per se inadmissible; and 2) the circuit court erred in conducting its own analysis of the relevant factors under the Rules, as the inquiry required by those Rules was within the province of the district court in the first instance.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

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• United States Supreme Court

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