The law of after-acquired evidence in employment discrimination cases Clarification of the employer's burden, remedial guidance, and the enigma of post-termination misconduct

The law of after-acquired evidence in employment discrimination cases Clarification of the employer's burden, remedial guidance, and the enigma of post-termination misconduct

The

law of after-acquired evidence in employment discrimination cases

Clarification of the employer's burden, remedial guidance, and the enigma of post-termination misconduct

O'Brien

Christine Neylon

O'Brien, Christine Neylon

Dept. of Business Law, Carroll School of Management

Author

Author

text

article

1996 1996 monographic

1996

1996

monographic

English eng

English

eng

electronic application/pdf digitized other analog

electronic

application/pdf

digitized other analog

The article surveys the legal environment following the Supreme Court’s ruling in /McKennon v. Nashville Banner Publishing Company/ that after-acquired evidence of employee wrongdoing is not an automatic bar to employer liability for employment discrimination. Three specific developments are detailed including employers’ burden of proof for limiting damages; the EEOCs Enforcement Guidance especially as it pertains to remedies; and a discussion subsequent trial court decisions construing the Supreme Court’s ruling. The author notes how this practice area continues to evolve and employers are still left in an uncertain position with regard to these cases.

Version of record.

UMKC Law Review 0047-7575 65 2 159 175 pp. 159-175 Winter 1996

UMKC Law Review

UMKC Law Review

0047-7575

65 2 159 175 pp. 159-175 Winter 1996

65

65

2

2

159 175 pp. 159-175

159

175

pp. 159-175

Winter 1996

Use of this resource is governed by the terms and conditions of the Creative Commons "Attribution-Noncommercial-No Derivative Works 3.0 United States" (http://creativecommons.org/licenses/by-nc-nd/3.0/us/)

Business Law UMKCLR-v65-OBrien-p159-QC.pdf UMKCLR-v65-OBrien-permissions-QC.pdf

Business Law

UMKCLR-v65-OBrien-p159-QC.pdf

UMKCLR-v65-OBrien-permissions-QC.pdf

MChB English eng

MChB

English eng

English

eng