If an employer is accused of discriminating in violation of Title VII, a powerful source of adverse testimony can come from ex-employees. The 10th Circuit Court of Appeals has long held that “the testimony of other employees about their treatment by the defendant is relevant to the issue of the employer’s discriminatory intent.” Spulak v. K Mart Corp., 894 F.2d 1150, 1156 (10th Cir. 1990); see also Atchley v. Nordam Group, Inc., 180 F.3d 1143, 1149 (10th Cir. 1999). A plaintiff claiming discrimination or an employer seeking to avoid liability are well advised to look for such evidence and prepare to use it in the most effective way.
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