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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

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

18 Pages Posted: 28 Oct 2009  

Christine Neylon O'Brien

Boston College - Carroll School of Management

Date Written: October 26, 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.

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: https://ssrn.com/abstract=1494384

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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