Employment discrimination claims remain valid despite after-acquired evidence of employee wrongdoing
Employment discrimination claims remain valid despite after-acquired evidence of employee wrongdoing
O'Brien
Christine Neylon
O'Brien, Christine Neylon
Dept. of Business Law, Carroll School of Management
Author
Author
text
article
1995 1995 monographic
1995
1995
monographic
English eng
English
eng
electronic application/pdf digitized other analog
electronic
application/pdf
digitized other analog
This article explores the legal practice area of employment discrimination and adverse decisions based on after-acquired evidence. A division among the circuits courts arose concerning the impact of after-acquired evidence of employee wrongdoing upon an employer’s liability for employment discrimination. When pre-trial discovery unveiled a separate nondiscriminatory reason for termination, numerous circuits allowed such previously unknown information to constitute a legitimate basis for the employment decision, following the model of a mixed-motive discharge. A trend developed however, among other circuits that after-acquired evidence of employee misconduct should not prevent the establishment of employer liability, but that it should be considered at the remedies phase. The United States Supreme Court affirmed the latter approach in /McKennon v. Nashville Banner Publishing Company/.
Version of record.
Pepperdine Law Review 0092-430X 23 1 65 124 pp. 65-124 1995
Pepperdine Law Review
Pepperdine Law Review
0092-430X
23 1 65 124 pp. 65-124 1995
23
23
1
1
65 124 pp. 65-124
65
124
pp. 65-124
1995
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Business Law PLR-v23-OBrien-p65-QC.pdf PLR-v23-OBrien-permissions-QC.pdf
Business Law
PLR-v23-OBrien-p65-QC.pdf
PLR-v23-OBrien-permissions-QC.pdf
MChB English eng
MChB
English eng
English
eng