Pantoja v. Anton

Opinion

WISEMAN, Acting P. J.

In this employment discrimination case, we are asked to decide whether the court erred in not allowing the jury to hear “me too” evidence, that is, evidence of the employer’s alleged gender bias in the form of harassing activity against women employees other than the plaintiff. Here, the me-too evidence related to harassing activity that occurred outside plaintiff’s presence and at times other than when plaintiff was employed. At issue is whether the court properly excluded this evidence as propensity or character evidence under Evidence Code section 1101,…