The Impact of After-Acquired Evidence in Employment Discrimination Cases after McKennon v. Nashville Banner Publishing Company
16 Pages Posted: 29 Oct 2009
Date Written: October 28, 1996
This article follows up on the Supreme Court's decision in McKennon v. Nashville Banner Publishing Company. The author outlines the facts and holding of the Court, along with an extensive analysis on the meaning of the ruling that liability for employment discrimination is not automatically barred by after-acquired evidence. Noting that trial courts will be now drawn into complex calculation regarding remedies in such cases, the author offers several hypotheticals outlining a range of scenarios, as well as suggested solutions to this issue of after-acquired evidence in the remedies phase of a trial.
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