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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


Christine Neylon O'Brien


Boston College - Carroll School of Management

October 26, 1996

UMKC Law Review, Vol. 65, pp. 159-175, 1996

Abstract:     
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.

Number of Pages in PDF File: 18

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Date posted: October 28, 2009  

Suggested Citation

O'Brien, Christine Neylon, 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 (October 26, 1996). UMKC Law Review, Vol. 65, pp. 159-175, 1996 . Available at SSRN: http://ssrn.com/abstract=1494384

Contact Information

Christine Neylon O'Brien (Contact Author)
Boston College - Carroll School of Management ( email )
140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)
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